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Education and Inspections Act 2006

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Commencement Orders bringing legislation that affects this Act into force:

SCHEDULES

Section 6

SCHEDULE 1E+WAmendments related to section 6

Disability Discrimination Act 1995 (c. 50)E+W

1(1)In paragraph 1 of Schedule 4C to the Disability Discrimination Act 1995 (modifications of Chapter 2 of Part 4 of the Act where further education etc. is provided by an LEA), the substituted section 28R is amended as follows.E+W

(2)For subsection (12) substitute—

(12)Recreational or training facilities” means—

(a)in the case of a local education authority in England, any facilities secured by the authority under section 507A or 507B of the Education Act 1996 (functions of LEAs in England in respect of recreation etc), and

(b)in the case of a local education authority in Wales, any facilities secured by the authority under subsection (1), or provided by them under subsection (1A), of section 508 of that Act (functions of LEAs in Wales in respect of recreation and social and physical training).

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Commencement Information

I1Sch. 1 para. 1 in force at 8.1.2007, see s. 188(2)

Education Act 1996 (c. 56)E+W

2EA 1996 is amended as follows.

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Commencement Information

I2Sch. 1 para. 2 in force at 8.1.2007, see s. 188(2)

3In section 312 (meaning of “special educational needs”), in subsection (2), after “or 15B” insert “ or section 507B ”.

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Commencement Information

I3Sch. 1 para. 3 in force at 8.1.2007, see s. 188(2)

4In section 508 (functions in respect of facilities for recreation etc.)—

(a)in subsections (1) and (1A), after “local education authority” insert “ in Wales ”, and

(b)in the heading, for “Functions” substitute “ LEAs in Wales: functions ”.

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Commencement Information

I4Sch. 1 para. 4 in force at 8.1.2007, see s. 188(2)

5In section 510 (provision of clothing), in subsection (4)(c), for “made available for them by the authority under section 508(2)” substitute “ secured by the authority under section 507A or 507B (if the authority are in England) or made available by the authority for such persons under section 508(2) (if the authority are in Wales) ”.

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Commencement Information

I5Sch. 1 para. 5 in force at 8.1.2007, see s. 188(2)

6In section 547 (nuisance or disturbance on school premises), in subsection (2A)(a), for “section 508” substitute “ section 507A or 507B (if the authority are in England) or section 508 (if the authority are in Wales) ”.

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Commencement Information

I6Sch. 1 para. 6 in force at 8.1.2007, see s. 188(2)

Sections 7, 10, 11 and 15

SCHEDULE 2E+WProposals for establishment or discontinuance of schools in England

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Modifications etc. (not altering text)

Part 1 E+WIntroductory

Application of ScheduleE+W

1(1)This Schedule applies to proposals published under section 7, 10, 11 or 15.E+W

(2)Accordingly, in this Schedule, unless a contrary intention appears, “proposals” means proposals published under any of those sections.

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Modifications etc. (not altering text)

Commencement Information

I7Sch. 2 para. 1 in force at 25.5.2007 by S.I. 2007/935, art. 7(n)

“The relevant authority” E+W

2In this Schedule “the relevant authority” means—

(a)in the case of proposals under section 7, the local education authority who published the notice under that section, and

(b)in the case of proposals under section 10, 11 or 15, the local education authority who maintain the school or (in the case of a new school) who it is proposed should maintain the school.

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Modifications etc. (not altering text)

Commencement Information

I8Sch. 2 para. 2 in force at 25.5.2007 by S.I. 2007/935, art. 7(n)

“Proposers” E+W

3In this Schedule “proposers”, in relation to any proposals, means the persons who made the proposals, but does not include a local education authority.

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Commencement Information

I9Sch. 2 para. 3 in force at 25.5.2007 by S.I. 2007/935, art. 7(n)

References to persons by whom proposals are madeE+W

4For the purposes of this Schedule—

(a)proposals under section 7 are to be taken to be made by the person who submitted them to the relevant authority under subsection (4)(b) of that section, or in the case of proposals published by the relevant authority under subsection (5)(b) of that section, by the relevant authority, and

(b)proposals under section 10, 11 or 15 are to be taken to be made by the persons who published them.

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Commencement Information

I10Sch. 2 para. 4 in force at 25.5.2007 by S.I. 2007/935, art. 7(n)

Objections and commentsE+W

5Regulations may make provision—

(a)for the making of objections or comments in relation to the proposals within a prescribed period to the relevant authority, and

(b)requiring the relevant authority, in any case where proposals are referred to the adjudicator, to forward to the adjudicator objections or comments made in relation to the proposals in accordance with the regulations.

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Modifications etc. (not altering text)

Commencement Information

I11Sch. 2 para. 5 in force at 1.4.2007 by S.I. 2007/935, art. 5(aa)

Part 2 E+WConsideration of proposals by local education authority or adjudicator

Proposals requiring consideration under paragraph 8E+W

6All proposals under section 7, 10 or 11 require consideration under paragraph 8.

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Commencement Information

I12Sch. 2 para. 6 in force at 25.5.2007 by S.I. 2007/935, art. 7(n)

7(1)Proposals under section 15 require consideration under paragraph 8 unless sub-paragraph (2) applies.E+W

(2)Proposals under section 15 fall to be dealt with under paragraph 19 (and do not require consideration under paragraph 8) if the proposals were made by the relevant authority and either—

(a)no objections were made in relation to the relevant proposals in accordance with regulations under paragraph 5, or

(b)all objections so made were withdrawn in writing within the period prescribed as that within which any objections must be made.

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Commencement Information

I13Sch. 2 para. 7 in force at 25.5.2007 by S.I. 2007/935, art. 7(n)

Consideration of proposalsE+W

8(1)Proposals which require consideration under this paragraph, other than proposals to which paragraph 10 applies, must be considered in the first instance by the relevant authority.E+W

(2)Sub-paragraphs (3) and (4) apply in relation to the relevant authority unless the authority is required by any of paragraphs 10 to 13 and 15 to refer the proposals to the adjudicator.

(3)In a case where the proposals were published under section 7 and two or more sets of proposals were published, the authority may—

(a)reject all the proposals,

(b)approve any of the proposals without modification, or

(c)approve any of the proposals with such modifications as the authority think desirable, after consulting such persons as may be prescribed.

(4)In any other case, the authority may—

(a)reject the proposals,

(b)approve the proposals without modification, or

(c)approve the proposals with such modifications as the authority think desirable, after consulting such persons as may be prescribed.

(5)Any approval given under this paragraph may be expressed to take effect only if an event specified in the approval occurs by a date so specified; and regulations may prescribe the events that may be so specified.

(6)When deciding whether or not to give any approval under this paragraph, the relevant authority must have regard to any guidance given from time to time by the Secretary of State.

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Commencement Information

I14Sch. 2 para. 8 in force at 25.5.2007 by S.I. 2007/935, art. 7(n)

Consideration of proposals that are related to other proposalsE+W

9F1(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

(2)Where proposals under section 7, 10, 11 or 15 appear to the relevant authority to be related to—

(a)other proposals published under any of those sections and not yet determined,F2...

F2(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the authority must consider the proposals together.

(3)In deciding for the purposes of this paragraph whether proposals are related to other proposals, the relevant authority must have regard to any guidance given from time to time by the Secretary of State.

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Amendments (Textual)

Commencement Information

I15Sch. 2 para. 9 in force at 25.5.2007 by S.I. 2007/935, art. 7(n)

Duty to refer to adjudicator certain proposals made by or involving relevant authorityE+W

10(1)The relevant authority must refer to the adjudicator, within a prescribed time—E+W

(a)all the proposals published under section 7 in response to a notice under that section, if they consist of or include any proposals which—

(i)are made by the relevant authority, or

(ii)relate to the establishment of a foundation school with a foundation falling within sub-paragraph (2);

(b)any proposals under section 10 or 11 which—

(i)are made by the relevant authority, or

(ii)relate to the establishment of a foundation school with a foundation falling within sub-paragraph (2).

(2)A foundation falls within this sub-paragraph if it is to be established otherwise than under SSFA 1998 and any of the following applies—

(a)the relevant authority or any person appointed by the relevant authority is to be a member of the foundation,

(b)any person appointed by the relevant authority is to be a charity trustee (within the meaning of the Charities Act 1993 (c. 10)) of the foundation, or

(c)any voting rights in the foundation are to be exercisable by the relevant authority or persons appointed by the relevant authority.

(3)Regulations may make provision for the making by the relevant authority to the adjudicator of objections to any proposals which are required to be referred to the adjudicator under this paragraph.

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Commencement Information

I16Sch. 2 para. 10 in force at 25.5.2007 by S.I. 2007/935, art. 7(n)

Duty to refer proposals to adjudicator in prescribed casesE+W

11Regulations may make provision requiring the relevant authority in prescribed cases to refer to the adjudicator within a prescribed time proposals requiring consideration under paragraph 8 (or in the case of proposals under section 7 all the proposals requiring consideration under that paragraph), together with any comments made on the proposals (or in the case of proposals under section 7, any of the proposals) by the authority.

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Commencement Information

I17Sch. 2 para. 11 in force at 1.4.2007 by S.I. 2007/935, art. 5(aa)

Duty to refer proposals to adjudicator in pursuance of direction by Secretary of StateE+W

12(1)The Secretary of State may at any time give a direction to a local education authority requiring them to refer to the adjudicator by a specified time—E+W

(a)any proposals which have been published by the authority under section 7 but which, at the time when the direction is given, have not been determined by the authority, and

(b)all subsequent proposals published by the authority under that section until the direction is revoked,

together with any comments made on any of the proposals by the authority.

(2)Where a direction under sub-paragraph (1) is given to a local education authority at a time when the authority are considering proposals which consist of or include proposals published under section 7 to establish an Academy, the authority must complete any consultation required by paragraph 18 before referring the proposals to the adjudicator.

(3)References in this paragraph to the determination of any proposals are references to—

(a)a determination whether or not to approve the proposals under paragraph 8, or

(b)where by virtue of paragraph 7(2) the proposals fall to be dealt with under paragraph 19, a determination under paragraph 19 whether or not to implement the proposals.

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Commencement Information

I18Sch. 2 para. 12 in force at 25.5.2007 by S.I. 2007/935, art. 7(n)

Duty to refer proposals to adjudicator where determination delayedE+W

13If by the end of such period as may be prescribed the relevant authority have not determined whether to give any approval under paragraph 8(3) or (4), they must within a prescribed time refer to the adjudicator—

(a)in the case mentioned in paragraph 8(3), all the proposals published under section 7, and

(b)in the case mentioned in paragraph 8(4), the proposals concerned,

together with any comments made on the proposals by the authority.

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Modifications etc. (not altering text)

Commencement Information

I19Sch. 2 para. 13 in force at 1.4.2007 by S.I. 2007/935, art. 5(aa)

Reference to adjudicator at request of aggrieved person after determination under paragraph 8(4)E+W

14(1)The relevant authority must if so requested within a prescribed time by any relevant person refer to the adjudicator within a prescribed time any proposals under section 10, 11 or 15 which the relevant authority have determined under paragraph 8(4), together with any reasons given by the authority for their determination.E+W

(2)The following are relevant persons for the purposes of sub-paragraph (1)—

(a)the Diocesan Board of Education for any diocese of the Church of England any part of which is comprised in the area of the relevant authority;

(b)the bishop of any diocese of the Roman Catholic Church any part of which is comprised in the area of the relevant authority;

(c)in the case of proposals made under section 10 or 11 by a person other than the relevant authority and rejected by the authority under paragraph 8(4)(a), the proposers;

(d)in the case of proposals published under section 15, the governing body or trustees of any foundation, voluntary or foundation special school which is the subject of the proposals;

F3(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Modifications etc. (not altering text)

Commencement Information

I20Sch. 2 para. 14 in force at 1.4.2007 by S.I. 2007/935, art. 5(aa)

Duty to refer related proposalsE+W

15Where the relevant authority are required under any of paragraphs 10 to 14 or under Schedule 7 to the Learning and Skills Act 2000 to refer any proposals (“the relevant proposals”) to the adjudicator, the authority must also within a prescribed time refer to the adjudicator—

(a)any other proposals under section 7, 10, 11 or 15 which relate to the area of the relevant authority and which by virtue of paragraph 9(2) fall to be considered with the relevant proposals, and

(b)where the relevant proposals are referred to the adjudicator by virtue of paragraph 14, any other proposals under section 10, 11 or 15 which by virtue of paragraph 9(2) were determined by the relevant authority with the relevant proposals.

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Commencement Information

I21Sch. 2 para. 15 in force at 1.4.2007 by S.I. 2007/935, art. 5(aa)

Withdrawal of proposals before determinationE+W

16(1)Nothing in paragraph 8(1) to (4) prevents the proposers by whom any proposals have been made from withdrawing those proposals by notice in writing—E+W

(a)to the relevant authority, and

(b)in a case where the proposals have been referred to the adjudicator, also to the adjudicator,

at any time before the proposals are determined under paragraph 8 by the authority or by the adjudicator.

(2)Nothing in paragraph 8(1) to (4) prevents the relevant authority from withdrawing any proposals made by the authority themselves by notice in writing to the adjudicator at any time before the proposals are determined under paragraph 8 by the adjudicator.

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Commencement Information

I22Sch. 2 para. 16 in force at 25.5.2007 by S.I. 2007/935, art. 7(n)

Prospective

Effect of referring proposals to adjudicatorE+W

17(1)Where any proposals are referred to the adjudicator under any provision of this Part of this Schedule—E+W

(a)he must consider the proposals or, in a case where the proposals have previously been determined by the relevant authority, must consider them afresh,

(b)the following provisions of paragraph 8 apply to him in connection with his decision on the proposals as they apply to the relevant authority—

(i)sub-paragraph (3) or (4) (as the case requires), and

(ii)sub-paragraphs (5) and (6), and

(c)paragraph 9 applies to him as it applies to the relevant authority.

(2)The revocation of a direction under paragraph 12(1) does not affect the determination by the adjudicator of any proposals referred to him before the revocation.

Proposals to establish AcademyE+W

18(1)Regulations may provide that, where proposals published under section 7 consist of or include proposals to establish an Academy, the relevant authority must within the prescribed period consult the Secretary of State in accordance with regulations, before taking any decision under paragraph 8.E+W

(2)The relevant authority may not approve under paragraph 8 proposals to establish an Academy unless the Secretary of State, on being consulted under sub-paragraph (1), has indicated in accordance with regulations that, if the proposals were approved, he would be willing to commence negotiations with a view to entering into an agreement under section 482 of EA 1996 for the establishment of an Academy.

(3)If—

(a)the proposals have been referred to the adjudicator under paragraph 10, 11, 12, 13 or 15, or

(b)a direction under paragraph 12(1) is in force in relation to the relevant authority and the case does not fall within paragraph 12(2),

the reference in sub-paragraph (1) to the authority is to be read as a reference to the adjudicator.

(4)Sub-paragraph (2) has effect in relation to a decision of an adjudicator under paragraph 8 as it has effect in relation to a decision of the relevant authority under that paragraph.

(5)Approval under paragraph 8 by the relevant authority or the adjudicator of proposals to establish an Academy does not oblige the Secretary of State to enter into, or seek to enter into, an agreement under section 482 of EA 1996.

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Commencement Information

I23Sch. 2 para. 18(1) in force at 1.4.2007 by S.I. 2007/935, art. 5(aa)

I24Sch. 2 para. 18(2)-(5) in force at 25.5.2007 by S.I. 2007/935, art. 7(n)

Determination whether to implement proposals not requiring consideration under paragraph 8E+W

19(1)Where any proposals have been made under section 15 by the relevant authority and paragraph 7 does not require the proposals to be considered under paragraph 8, the authority must (subject to the following provisions of this paragraph) determine whether the proposals should be implemented.E+W

(2)Any determination under sub-paragraph (1) must be made within a prescribed period.

(3)The requirement to make a determination under sub-paragraph (1) only applies if, at the time when the proposals fall to be considered, the relevant authority are satisfied that the proposals do not relate to any proposals under section 113A of the Learning and Skills Act 2000 (c. 21) which fall to be determined by the Secretary of State but have not yet been determined by him.

(4)The requirement to make a determination under sub-paragraph (1) does not apply where the proposals appear to the relevant authority to be related to—

(a)other proposals published under section 15 and not yet determined,

(b)proposals published under section 7, 10 or 11 and not yet determined, or

(c)proposals published under Schedule 7 to the Learning and Skills Act 2000 and not yet determined.

(5)In deciding for the purposes of this paragraph whether proposals are related to other proposals, the relevant authority must have regard to any guidance given from time to time by the Secretary of State.

(6)Where, in the case of any proposals falling within sub-paragraph (1)—

(a)the authority fail to make a determination under that sub-paragraph within the period mentioned in sub-paragraph (2), or

(b)the requirement to make such a determination does not apply by virtue of sub-paragraph (3) or (4),

the proposals require consideration under paragraph 8 and, in a case falling within paragraph (a), must be referred to the adjudicator.

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Commencement Information

I25Sch. 2 para. 19 in force at 1.4.2007 by S.I. 2007/935, art. 5(aa)

Provision of informationE+W

20Regulations may require one or more of the following—

(a)the proposers (if any),

(b)the relevant authority, and

(c)the adjudicator,

to provide such information relating to the proposals to such persons, and at such times, as may be prescribed.

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Commencement Information

I26Sch. 2 para. 20 in force at 1.4.2007 by S.I. 2007/935, art. 5(aa)

Part 3 E+WImplementation of proposals

Requirement to implement proposalsE+W

21(1)Where—E+W

(a)any proposals have been approved under paragraph 8, or

(b)the relevant authority have determined under paragraph 19 to implement any proposals,

then (subject to the following provisions of this paragraph) the proposals must be implemented, in the form in which they were so approved or determined, in accordance with this Part of this Schedule.

(2)The relevant authority may, at the request of the proposers who made the proposals referred to in sub-paragraph (1), or, where the proposals were made by the authority themselves, on their own initiative—

(a)modify the proposals after consulting such persons as may be prescribed, and

(b)where any approval was given in accordance with paragraph 8(5), specify a later date by which the event in question must occur.

(3)If, after consulting such persons as may be prescribed, the relevant authority are satisfied—

(a)that implementation of the proposals would be unreasonably difficult, or

(b)that circumstances have so altered since approval was given under paragraph 8 that implementation of the proposals would be inappropriate,

the authority may determine that sub-paragraph (1) is to cease to apply to the proposals.

(4)The relevant authority may only make a determination under sub-paragraph (3) where proposals that they should do so have been published, in accordance with regulations, by the authority or proposers who made the proposals referred to in sub-paragraph (1); and regulations may provide for any of the provisions of sections 7 to 12, sections 15 and 16 and Parts 1 and 2 of this Schedule to have effect in relation to any such further proposals with or without modifications.

(5)The relevant authority must in prescribed cases refer to the adjudicator by a prescribed time any matter which would otherwise fall to be determined by the authority under this paragraph.

(6)If by the end of such period as may be prescribed the relevant authority have failed to take any step required by this paragraph, the authority must refer the matter to the adjudicator by the prescribed time.

(7)Where any matter is referred to the adjudicator under this paragraph—

(a)the relevant authority may refer to the adjudicator with the matter their comments on it,

(b)the adjudicator must consider the matter afresh, and

(c)such of the provisions of sub-paragraphs (2) to (4) above as are relevant shall apply to him in connection with his decision on that matter as they apply to the authority.

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Commencement Information

I27Sch. 2 para. 21 in force at 25.5.2007 by S.I. 2007/935, art. 7(n)

Proposals not falling to be implementedE+W

22(1)Where, by virtue of paragraph 21(3), paragraph 21(1) ceases to apply to any proposals, those proposals are to be treated for the purposes of this Schedule as if they had been rejected under paragraph 8.E+W

(2)Where—

(a)any approval under paragraph 8 was given in accordance with paragraph 8(5), and

(b)the event specified under paragraph 8(5) does not occur by the date in question (whether as specified under that provision or as specified under paragraph 21(2)(b)),

paragraph 21(1) ceases to apply to the proposals.

(3)Where, by virtue of sub-paragraph (2), paragraph 21(1) ceases to apply to any proposals approved by the relevant authority under paragraph 8 and not referred to the adjudicator, those proposals must be considered afresh by the authority under that paragraph.

(4)Where, by virtue of sub-paragraph (2), paragraph 21(1) ceases to apply to any proposals approved by the adjudicator under paragraph 8, those proposals must be considered afresh by him under that paragraph (and paragraph 17 applies accordingly).

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Commencement Information

I28Sch. 2 para. 22 in force at 25.5.2007 by S.I. 2007/935, art. 7(n)

Proposals relating to community schools, community special schools or maintained nursery schoolsE+W

23(1)This paragraph applies to proposals which fall to be implemented under paragraph 21 and relate to a community school, a community special school or a maintained nursery school or to a proposed such school.E+W

(2)The proposals must be implemented by the relevant authority.

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Commencement Information

I29Sch. 2 para. 23 in force at 25.5.2007 by S.I. 2007/935, art. 7(n)

Proposals relating to foundation or voluntary controlled schoolsE+W

24(1)This paragraph applies to proposals which fall to be implemented under paragraph 21 and relate to a foundation or voluntary controlled school or a proposed such school.E+W

(2)Proposals made by the relevant authority must be implemented by the authority.

(3)Proposals made by proposers (including, in particular, such proposals so far as relating to the provision of the site for a proposed school) must be implemented by the relevant authority and by the proposers, respectively, to such extent as the proposals provide for each of them to do so.

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Commencement Information

I30Sch. 2 para. 24 in force at 25.5.2007 by S.I. 2007/935, art. 7(n)

Proposals relating to voluntary aided schoolE+W

25(1)This paragraph applies to proposals which fall to be implemented under paragraph 21 and relate to a voluntary aided school or a proposed voluntary aided school.E+W

(2)The proposals must be implemented—

(a)so far as relating to the provision of any relevant premises for a proposed school, by the relevant authority,

(b)in the case of proposals under section 15 made by proposers, by the proposers and the relevant authority, and

(c)otherwise by the proposers or, in the case of proposals made by the relevant authority, by the relevant authority.

(3)In sub-paragraph (2) “relevant premises” means—

(a)in the case of proposals published under section 7, the site specified in the notice under that section or playing fields, and

(b)in any other case, playing fields.

(4)Nothing in sub-paragraph (2) requires the relevant authority to provide any playing fields where—

(a)a new voluntary aided school is to be established in place of one or more existing independent, foundation or voluntary schools falling to be discontinued on or before the date of implementation of the proposals, and

(b)those playing fields—

(i)were part of the premises of any of the existing schools (whether it was an independent school or a foundation or voluntary school), and

(ii)(if it was a foundation or voluntary school) were not provided by the authority.

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Commencement Information

I31Sch. 2 para. 25 in force at 25.5.2007 by S.I. 2007/935, art. 7(n)

Proposals relating to foundation special schoolsE+W

26(1)This paragraph applies to proposals which fall to be implemented under paragraph 21 and relate to a foundation special school or a proposed foundation special school.E+W

(2)Where the proposals were made by the relevant authority, they must be implemented by the authority.

(3)Proposals made by proposers (including, in particular, proposals so far as relating to the provision of the site for a proposed school) must be implemented by the relevant authority and by the proposers, respectively, to such extent as the proposals provide for each of them to do so.

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Commencement Information

I32Sch. 2 para. 26 in force at 25.5.2007 by S.I. 2007/935, art. 7(n)

Proposals relating to AcademyE+W

27Where proposals published under section 7 to establish an Academy are implemented by the Secretary of State making an agreement under section 482 of EA 1996, subsection (3) of that section (requirement to consult certain LEAs about the establishment of the school) does not apply.

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Commencement Information

I33Sch. 2 para. 27 in force at 25.5.2007 by S.I. 2007/935, art. 7(n)

Part 4 E+WProvision of premises and other assistance in connection with establishment of new school

Provision of site and buildings for proposed foundation, voluntary controlled or foundation special schoolE+W

28(1)This paragraph applies where a local education authority are required—E+W

(a)by virtue of paragraph 24(2) or (3) to provide a site for a proposed foundation or voluntary controlled school, or

(b)by virtue of paragraph 26(2) or (3) to provide a site for a proposed foundation special school.

(2)The authority must transfer their interest in the site and in any buildings on the site which are to form part of the school's premises—

(a)to the school's trustees, to be held by them on trust for the purposes of the school, or

(b)if the school has no trustees, to the school's foundation body or (in the absence of such a body) to the governing body, to be held by that body for the relevant purposes.

(3)If any doubt or dispute arises as to the persons to whom the authority are required to make the transfer, it must be made to such persons as the adjudicator thinks proper.

(4)The authority must pay to the persons to whom the transfer is made their reasonable costs in connection with the transfer.

(5)Where—

(a)a transfer is made under this paragraph, and

(b)the transfer is made to persons who possess, or are or may become entitled to, any sum representing proceeds of the sale of other premises which have been used for the purposes of the school,

those persons must notify the local education authority that paragraph (b) applies to them; and they or their successors must pay to the local education authority so much of that sum as, having regard to the value of the interest transferred, may be determined to be just, either by agreement between them and the authority or, in default of agreement, by the adjudicator.

(6)In sub-paragraph (5)(b) the reference to proceeds of the sale of other premises includes a reference to—

(a)consideration for the creation or disposition of any kind of interest in other premises, including rent, and

(b)interest which has accrued in respect of any such consideration;

and for the purposes of any agreed determination under sub-paragraph (5) regard must be had to any guidance given from time to time by the Secretary of State.

(7)Any sum paid under sub-paragraph (5) is to be treated for the purposes of section 14 of the Schools Sites Act 1841 (which relates to the sale or exchange of land held on trust for the purposes of a school) as a sum applied in the purchase of a site for the school.

(8)A determination may be made under sub-paragraph (5) in respect of any property subject to a trust which has arisen under section 1 of the Reverter of Sites Act 1987 (c. 15) (right of reverter replaced by trust for sale) if, and only if—

(a)the determination is made by the adjudicator, and

(b)he is satisfied that steps have been taken to protect the interests of the beneficiaries under the trust.

(9)Sub-paragraph (5) is to apply for the purpose of compensating the authority notified under that sub-paragraph only in relation to such part of the sum mentioned in sub-paragraph (5)(b) (if any) as remains after the application of paragraphs A1 to A16 or 1 to 3 of Schedule 22 to SSFA 1998 to that sum.

(10)In this paragraph—

  • the relevant purposes” means—

    (a)

    in relation to a transfer to a school's foundation body, the purposes of the schools comprising the group for which that body acts, and

    (b)

    in relation to a transfer to a school's governing body, the purposes of the school;

  • site” does not include playing fields but otherwise includes any site which is to form part of the premises of the school in question.

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Modifications etc. (not altering text)

C7Sch. 2 para. 28 applied by 2000 c. 21, Sch. 7A para. 5(1) (as substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 46; S.I. 2007/935, art. 7(o))

Commencement Information

I34Sch. 2 para. 28 in force at 25.5.2007 by S.I. 2007/935, art. 7(n)

Grants in respect of certain expenditure relating to proposed voluntary aided schoolE+W

29(1)This paragraph applies where any proposers are required by virtue of paragraph 25(2) to implement proposals involving the establishment of a new voluntary aided school.E+W

(2)Paragraph 5 of Schedule 3 to SSFA 1998 applies in relation to the new school as it applies in relation to an existing voluntary aided school.

(3)In the application of that paragraph in relation to a new voluntary aided school—

(a)the references to the governing body, in relation to any time before the governing body are constituted, are to be read as references to the proposers;

(b)where requirements are imposed in relation to grant paid by virtue of this paragraph to the proposers, the requirements must be complied with by the governing body, when they are constituted, as well as by the proposers.

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Commencement Information

I35Sch. 2 para. 29 in force at 25.5.2007 by S.I. 2007/935, art. 7(n)

Assistance for proposers of proposed voluntary aided schoolE+W

30A local education authority may give to persons required by virtue of paragraph 25(2) to implement proposals involving the establishment of a voluntary aided school such assistance as the authority think fit in relation to the carrying out by those persons of any obligation arising by virtue of that provision.

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Commencement Information

I36Sch. 2 para. 30 in force at 25.5.2007 by S.I. 2007/935, art. 7(n)

Duty to transfer interest in premises provided under paragraph 30E+W

31(1)Where assistance under paragraph 30 consists of the provision of any premises for use for the purposes of a school, the local education authority must transfer their interest in the premises—E+W

(a)to the trustees of the school to be held on trust for the purposes of the school, or

(b)if the school has no trustees, to the school's foundation body, to be held by that body for the relevant purposes.

(2)If any doubt or dispute arises as to the persons to whom the authority are required to make the transfer it must be made to such persons as the adjudicator thinks proper.

(3)The authority must pay to the persons to whom the transfer is made their reasonable costs in connection with the transfer.

(4)In this paragraph “the relevant purposes” means, in relation to a transfer to a school's foundation body, the purposes of the schools comprising the group for which that body acts.

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Modifications etc. (not altering text)

C8Sch. 2 para. 31 applied by 2000 c. 21, Sch. 7A para. 7(2) (as substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 46; S.I. 2007/935, art. 7(o))

Commencement Information

I37Sch. 2 para. 31 in force at 25.5.2007 by S.I. 2007/935, art. 7(n)

Section 30

SCHEDULE 3E+WAmendments relating to school organisation

Local Government Act 1972 (c. 70)E+W

1In section 177 of the Local Government Act 1972 (provisions supplementary to sections 173 to 176), omit subsection (1A)(b) (which relates to school organisation committees).

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Commencement Information

I38Sch. 3 para. 1 in force at 25.5.2007 by S.I. 2007/935, art. 7(o)

Local Government Act 1974 (c. 7)E+W

2In section 25 of the Local Government Act 1974 (authorities subject to investigation), in subsection (5)—

(a)omit paragraph (a) (which relates to school organisation committees), and

(b)in paragraph (c), for “that Act” substitute “ the School Standards and Framework Act 1998 ”.

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Commencement Information

I39Sch. 3 para. 2 in force at 25.5.2007 by S.I. 2007/935, art. 7(o)

Sex Discrimination Act 1975 (c. 65)E+W

3In section 27 of the Sex Discrimination Act 1975 (exception for single-sex establishments turning co-educational) for subsection (1A) substitute—

(1A)Without prejudice to subsection (1), a transitional exemption order may be made—

(a)in accordance with regulations made by virtue of section 21(5) of the Education and Inspections Act 2006 (which relates to the alteration of maintained schools in England), or

(b)in accordance with paragraph 21 or 22 of Schedule 6 or paragraph 16 or 17 of Schedule 7 to the School Standards and Framework Act 1998 (which relate to the alteration of maintained schools and the rationalisation of school places in Wales).

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Commencement Information

I40Sch. 3 para. 3 in force at 25.5.2007 by S.I. 2007/935, art. 7(o)

Diocesan Boards of Education Measure 1991 (No. 2)E+W

4(1)Section 3 of the Diocesan Boards of Education Measure 1991 (transactions for which advice or consent of the Board is required) is amended as follows.E+W

(2)In subsection (1)—

(a)for paragraphs (a) and (b) substitute—

(a)publishing proposals for any prescribed alteration to the school—

(i)in the case of a school in England, under section 19(3) of the Education and Inspections Act 2006 (“the 2006 Act”), or

(ii)in the case of a school in Wales, under section 28(2)(b) of the School Standards and Framework Act 1998 (“the 1998 Act”);

(b)publishing proposals for the discontinuance of the school—

(i)in the case of a school in England, under section 15(2) of the 2006 Act, or

(ii)in the case of a school in Wales, under section 29(2) of the 1998 Act;,

(b)in paragraphs (c) and (cc) for “that Act” substitute “ the 1998 Act ”, and

(c)for paragraph (d) substitute—

(d)in the case of a school in Wales, publishing proposals for changing the category of the school under paragraph 2 or 3 of Schedule 8 to the 1998 Act; or.

(3)After subsection (1) insert—

(1A)The governing body of a church school in England shall not, unless it has obtained the consent in writing of the Board for the diocese in which the school is situated, publish proposals under section 19 of the 2006 Act—

(a)where the school is a voluntary school, for a change of category to foundation school, or

(b)where the school is a foundation school, for a change in the instrument of government which results in the majority of governors being foundation governors.

(1B)Subsection (1)(a)(i) does not apply in any case where by virtue of subsection (1A) the consent of the Board is required.

(4)In subsection (6), for “subsection (2)” substitute “ subsection (1A) or (2) ”.

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Commencement Information

I41Sch. 3 para. 4 in force at 25.5.2007 by S.I. 2007/935, art. 7(o)

5(1)Section 7 of the Diocesan Boards of Education Measure 1991 (powers of Board to give directions to governing bodies of voluntary aided church schools) is amended as follows.E+W

(2)In subsection (1) for paragraphs (a) to (c) substitute—

(a)the making of any prescribed alteration to the school—

(i)in the case of a school in England, under Part 2 of the Education and Inspections Act 2006 (“the 2006 Act”), or

(ii)in the case of a school in Wales, under Chapter 2 of Part 2 of the School Standards and Framework Act 1998 (“the 1998 Act”), or

(b)the discontinuance of the school—

(i)in the case of a school in England, under Part 2 of the 2006 Act or section 30 of the 1998 Act, or

(ii)in the case of a school in Wales, under Chapter 2 of Part 2 of the 1998 Act, or

(c)in the case of a school in Wales, changing the school's category in accordance with paragraph 2 or 3 of Schedule 8 to the 1998 Act,.

(3)In subsection (1A), for “under paragraph 2 or 3 of Schedule 8 to that Act” substitute “ under section 19(3) of the 2006 Act or paragraph 2 or 3 of Schedule 8 to the 1998 Act ”.

(4)In subsection (3)—

(a)in paragraph (a), for “under section 28(2)(b) of the School Standards and Framework Act 1998” substitute “ under section 19(3) of the 2006 Act or section 28(2)(b) of the 1998 Act ”,

(b)in paragraph (b)—

(i)at the beginning insert “ in the case of a school in Wales ”, and

(ii)for “that Act” substitute “ the 1998 Act ”, and

(c)for “the provisions of that Act” substitute “ the provisions of the 1998 Act and the 2006 Act ”.

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Commencement Information

I42Sch. 3 para. 5 in force at 25.5.2007 by S.I. 2007/935, art. 7(o)

Further and Higher Education Act 1992 (c. 13)E+W

6(1)Section 58 of the Further and Higher Education Act 1992 (reorganisation of schools involving establishment of further education corporation) is amended as follows.E+W

(2)In subsection (3), for paragraph (b) substitute—

(b)a prescribed alteration within the meaning of the relevant school organisation provision has been made to the school,.

(3)After that subsection insert—

(4)In subsection (3)(b) “the relevant school organisation provision” means—

(a)in relation to England, section 18 of the Education and Inspections Act 2006, and

(b)in relation to Wales, section 28 of the School Standards and Framework Act 1998.

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Commencement Information

I43Sch. 3 para. 6 in force at 25.5.2007 by S.I. 2007/935, art. 7(o)

Education Act 1996 (c. 56)E+W

7(1)Section 5 of EA 1996 (primary schools, secondary schools and middle schools) is amended as follows.E+W

(2)For subsection (3) substitute—

(3)In this Act “middle school” means a school which, in pursuance of proposals published under any of the enactments specified in subsection (3A), has been established as, or altered so as to become, a school for providing full-time education suitable to the requirements of pupils who—

(a)have attained a specified age below 10 years and six months, and

(b)are under a specified age above 12 years.

(3A)The enactments mentioned in subsection (3) are—

(a)in relation to England—

(i)section 28 or 28A of, or paragraph 5 of Schedule 7 to, the School Standards and Framework Act 1998,

(ii)section 66 of, or paragraph 7 of Schedule 11 to, the Education Act 2005, and

(iii)section 7, 10, 11 or 19 of the Education and Inspections Act 2006;

(b)in relation to Wales, section 28 of, or paragraph 5 of Schedule 7 to, the School Standards and Framework Act 1998.

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Commencement Information

I44Sch. 3 para. 7 in force at 25.5.2007 by S.I. 2007/935, art. 7(o)

8In section 332B of EA 1996 (resolution of disputes), in subsection (8)(c), for “a city academy” substitute “ an Academy ”.

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Commencement Information

I45Sch. 3 para. 8 in force at 25.5.2007 by S.I. 2007/935, art. 7(o)

9(1)Section 394 of EA 1996 (determination of cases in which requirement for Christian collective worship is not to apply) is amended as follows.E+W

(2)In subsection (8), for “(by virtue of section 35 of, and Schedule 8 to, the School Standards and Framework Act 1998)” substitute “ (by virtue of the relevant enactments) ”.

(3)After that subsection insert—

(9)In subsection (8) “the relevant enactments” means—

(a)in relation to England, sections 18 to 24 of the Education and Inspections Act 2006;

(b)in relation to Wales, section 35 of, and Schedule 8 to, the School Standards and Framework Act 1998.

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Commencement Information

I46Sch. 3 para. 9 in force at 25.5.2007 by S.I. 2007/935, art. 7(o)

10(1)Section 529 of EA 1996 (power to accept gifts on trust for educational purposes) is amended as follows.E+W

(2)After subsection (1) insert—

(1A)Any intention on the part of a local education authority in England that a school should be vested in the authority as trustees shall be treated for the purposes of sections 7, 10 and 11 of the Education and Inspections Act 2006 as an intention to establish a new community school, community special school or maintained nursery school (so that proposals for that purpose shall be published in accordance with those sections); and Schedule 2 to that Act (proposals for establishment or discontinuance of schools in England) shall apply accordingly.

(3)In subsection (2)—

(a)after “local education authority” insert “ in Wales ”,

(b)omit “(other than a nursery school or a special school)”, and

(c)for the words from “the purposes of” to the end substitute “ for the purposes of sections 28 and 31 of the School Standards and Framework Act 1998 as an intention to establish a new community school, community special school or maintained nursery school (so that proposals for that purpose shall be published as required by those sections); and Schedule 6 to that Act (statutory proposals concerning schools in Wales: procedure and implementation) shall apply accordingly. ”

(4)In subsection (3)—

(a)after “subsection” insert “ (1A) or ”, and

(b)at the end insert “ , a community special school or a maintained nursery school. ”

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Commencement Information

I47Sch. 3 para. 10 in force at 25.5.2007 by S.I. 2007/935, art. 7(o)

11(1)Section 530 of EA 1996 (compulsory purchase of land) is amended as follows.E+W

(2)In subsection (1), for paragraph (c) substitute—

(c)is required for the purposes of an Academy (whether established or to be established).

(3)In subsection (3), for the words from “borne by them” to the end substitute borne by them—

(a)in the case of an authority in England, under paragraph 7(1) of Schedule 7A to the Learning and Skills Act 2000 (power to give assistance in relation to carrying out of obligations under that Schedule) or under any provision of regulations under section 24 of the Education and Inspections Act 2006 (implementation of proposals under section 19 of that Act) which by virtue of subsection (7) of section 24 of that Act authorises a local education authority to provide assistance to the governing body of a voluntary aided school in connection with the implementation of the obligations of the governing body under the regulations, or

(b)in the case of an authority in Wales, under paragraph 18 of Schedule 6 to the School Standards and Framework Act 1998 (power to give assistance to governing body of voluntary aided school in carrying out statutory proposals) (including that provision as applied by any enactment).

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Commencement Information

I48Sch. 3 para. 11 in force at 25.5.2007 by S.I. 2007/935, art. 7(o)

12(1)In Schedule 35A to EA 1996 (Academies: land) paragraph 1 is amended as follows.E+W

(2)In sub-paragraph (2)(b), for the words from “published” onwards substitute “ published under section 7 of the Education and Inspections Act 2006 (invitation for proposals for establishment of new schools) as a possible site for a new school ”.

(3)In sub-paragraph (3)(d), for the words from “published” onwards substitute “ published under section 7 of the Education and Inspections Act 2006 ”.

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Commencement Information

I49Sch. 3 para. 12 in force at 25.5.2007 by S.I. 2007/935, art. 7(o)

School Standards and Framework Act 1998 (c. 31)E+W

13(1)Section 20 of SSFA 1998 (new categories of maintained schools) is amended as follows.E+W

(2)In subsection (2), for “Schedule 8”, wherever occurring, substitute “ the change of category provisions ”.

(3)After subsection (2) insert—

(2A)In subsection (2) “the change of category provisions” means—

(a)in the case of a school in England, Schedule 8 to this Act or sections 18 to 24 of the Education and Inspections Act 2006, and

(b)in the case of a school in Wales, Schedule 8 to this Act.

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Commencement Information

I50Sch. 3 para. 13 in force at 25.5.2007 by S.I. 2007/935, art. 7(o)

14In section 21 of SSFA 1998 (kinds of foundation and voluntary schools and types of foundations), in subsection (6)—

(a)in paragraph (a), after “Schedule 8” insert “ or under section 19 of the Education and Inspections Act 2006 ”,

(b)in paragraph (f)—

(i)in sub-paragraph (i), after “Schedule 8” insert “ or under section 19 of the Education and Inspections Act 2006 ”,

(ii)in sub-paragraph (ii), after “that paragraph” insert “ or that section ”, and

(iii)in sub-paragraph (iii), after “voluntary school” insert “ in Wales ”,

(c)in paragraph (h), after “his consent” insert “ or to the disposal of which paragraph A9 of Schedule 22 would apply ”, and

(d)in paragraph (i), omit “school organisation committees and”.

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Commencement Information

I51Sch. 3 para. 14 in force at 25.5.2007 by S.I. 2007/935, art. 7(o)

15In section 22 of SSFA 1998 (maintenance and other funding of schools) for subsection (2) substitute—

(2)Subsection (1) has effect subject to any statutory provision authorising the discontinuance of a maintained school or maintained nursery school.

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Commencement Information

I52Sch. 3 para. 15 in force at 25.5.2007 by S.I. 2007/935, art. 7(o)

16In section 25 of SSFA 1998 (adjudicators), in subsection (2), for “or Part 2 of the Education Act 2005” substitute “ or Part 2 of the Education and Inspections Act 2006 ”.

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Commencement Information

I53Sch. 3 para. 16 in force at 25.5.2007 by S.I. 2007/935, art. 7(o)

17Omit section 27 of SSFA 1998 (power to require committees or adjudicators for Wales).

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Commencement Information

I54Sch. 3 para. 17 in force at 25.5.2007 by S.I. 2007/935, art. 7(o)

18(1)Section 28 of SSFA 1998 (proposals for establishment or alteration of community, foundation or voluntary school) is amended as follows.E+W

(2)In subsection (1)—

(a)after “local education authority” (in the first place) insert “ in Wales ”, and

(b)in paragraph (d), omit “in the case of a local education authority in Wales,”.

(3)In subsection (2)—

(a)in paragraph (a), after “voluntary school” insert “ in Wales ”, and

(b)in paragraph (b)—

(i)after “voluntary school” insert “ in Wales ”, and

(ii)omit from “, or of” to “in England,”.

(4)Omit subsections (2A) and (2B).

(5)In subsection (5), for “Secretary of State” substitute “ Assembly ”.

(6)Omit subsection (6).

(7)In subsection (7)—

(a)omit the words from the beginning to “in Wales,”,

(b)in paragraph (a), for “the published proposals” substitute “ any proposals published under this section ”, and

(c)for “Secretary of State” substitute “ Assembly ”.

(8)In subsection (8), omit “(for both England and Wales)”.

(9)In subsection (9), omit “subsection (6) and”.

(10)In the heading, after “voluntary school” insert “ in Wales ”.

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Commencement Information

I55Sch. 3 para. 18 in force at 25.5.2007 by S.I. 2007/935, art. 7(o)

19Omit section 28A of SSFA 1998 (proposals for establishment of community, foundation or voluntary school maintained by English local education authority).

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Commencement Information

I56Sch. 3 para. 19 in force at 25.5.2007 by S.I. 2007/935, art. 7(o)

20(1)Section 29 of SSFA 1998 (proposals for discontinuance of community, foundation, voluntary of maintained nursery school) is amended as follows.E+W

(2)In subsection (1), after “local education authority” insert “ in Wales ”.

(3)In subsection (2), after “voluntary school” insert “ in Wales ”.

(4)In subsection (4A), for “Secretary of State” substitute “ Assembly ”.

(5)In subsection (4B)—

(a)omit paragraph (c), and

(b)in paragraph (d), omit “parish council or”.

(6)In subsection (4D), for “Secretary of State” substitute “ Assembly ”.

(7)Omit subsection (5).

(8)In subsection (6)—

(a)omit the words from the beginning to “in Wales,”,

(b)in paragraph (a), for “the published proposals” substitute “ any proposals published under this section ”, and

(c)for “Secretary of State” substitute “ Assembly ”.

(9)In subsection (7), omit “(for both England and Wales)”.

(10)In subsection (8), omit “subsection (5) and”.

(11)In subsection (9A), for “Secretary of State” substitute “ Assembly ”.

(12)In the heading, after “nursery school” insert “ in Wales ”.

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Commencement Information

I57Sch. 3 para. 20 in force at 25.5.2007 by S.I. 2007/935, art. 7(o)

21In section 30 of SSFA 1998 (notice by governing body to discontinue foundation or voluntary school) for subsection (9) substitute—

(9)Nothing in any of the following provisions applies in relation to the discontinuance under this section of a foundation or voluntary school—

(a)sections 29 and 33 of this Act (which relate to Wales), and

(b)sections 15 and 28 of the Education and Inspections Act 2006 (which relate to England).

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Commencement Information

I58Sch. 3 para. 21 in force at 25.5.2007 by S.I. 2007/935, art. 7(o)

22In the italic heading before section 31 of SSFA 1998, for “LEAs” substitute “ LEAs in Wales ”.

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Commencement Information

I59Sch. 3 para. 22 in force at 25.5.2007 by S.I. 2007/935, art. 7(o)

23(1)Section 31 of SSFA 1998 (proposals for establishment, alteration or discontinuance of community or foundation special school) is amended as follows.E+W

(2)In subsection (1), after “local education authority” insert “ in Wales ”.

(3)In subsection (2), after “special school” insert “ in Wales ”.

(4)In subsection (4C), for “Secretary of State” substitute “ Assembly ”.

(5)Omit subsection (5).

(6)In subsection (6)—

(a)omit the words from the beginning to “in Wales,”,

(b)in paragraph (a), for “the proposals” substitute “ any proposals published under this section ”, and

(c)for “Secretary of State” substitute “ Assembly ”.

(7)In subsection (7), omit “(5) or”.

(8)In subsection (8), omit “(for both England and Wales)”.

(9)In the heading, after “special school” insert “ in Wales ”.

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Commencement Information

I60Sch. 3 para. 23 in force at 25.5.2007 by S.I. 2007/935, art. 7(o)

24(1)Section 32 of SSFA 1998 (direction requiring discontinuance of community or foundation special school) is amended as follows.E+W

(2)In subsection (1)—

(a)for “Secretary of State” substitute “ Assembly ”,

(b)for “he” substitute “ it ”, and

(c)after “special school” insert “ in Wales ”.

(3)In subsection (3)—

(a)for “Secretary of State” (in both places) substitute “ Assembly ”, and

(b)in paragraph (b), for “his” substitute “ its ”.

(4)In subsection (4), for “Secretary of State” substitute “ Assembly ”.

(5)In the heading, after “special school” insert “ in Wales ”.

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Commencement Information

I61Sch. 3 para. 24 in force at 25.5.2007 by S.I. 2007/935, art. 7(o)

25(1)Section 33 of SSFA 1998 (further provisions relating to establishment, alteration or discontinuance of schools) is amended as follows.E+W

(2)In subsection (1), in paragraphs (a) and (c), after “school” insert “ in Wales ”.

(3)In subsection (2), after “school” insert “ in Wales ”.

(4)In subsection (4), omit “28A,”.

(5)In subsections (5) and (6), after “maintained school” insert “ in Wales ”.

(6)In the heading, after “schools” insert “ in Wales ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I62Sch. 3 para. 25 in force at 25.5.2007 by S.I. 2007/935, art. 7(o)

26(1)Section 35 of SSFA 1998 (school changing from one category to another) is amended as follows.E+W

(2)In subsection (1)—

(a)after “maintained school” (in both places) insert “ in Wales ”, and

(b)in paragraph (b), after “aided school” insert “ in Wales ”.

(3)In the heading, after “School” insert “ in Wales ”.

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Commencement Information

I63Sch. 3 para. 26 in force at 25.5.2007 by S.I. 2007/935, art. 7(o)

27(1)Section 79 of SSFA 1998 (stamp duty) is amended as follows.E+W

(2)In subsection (1)—

(a)omit the word “or” at the end of paragraph (b), and

(b)at the end of paragraph (c) insert , or

(d)any regulations made under section 24 of the Education and Inspections Act 2006 by virtue of subsection (3)(b) of that section..

(3)In subsection (3), for “subsection (1)” substitute “ subsection (1)(a) to (c) ”.

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Commencement Information

I64Sch. 3 para. 27 in force at 25.5.2007 by S.I. 2007/935, art. 7(o)

28In section 82 of SSFA 1998 (modification of trust deeds), in subsection (1), for “or the Education Act 2002” substitute “ , the Education Act 2002 or the Education and Inspections Act 2006 ”.

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Commencement Information

I65Sch. 3 para. 28 in force at 25.5.2007 by S.I. 2007/935, art. 7(o)

29(1)Section 109 of SSFA 1998 (proposals by governing body of grammar school to end selective admission arrangements) is amended as follows.E+W

(2)In subsection (2)—

(a)for “for the purposes of section 28” substitute “ under section 18 of the 2006 Act ”, and

(b)for “that section” substitute “ section 19 of the 2006 Act ”.

(3)In subsection (3)—

(a)in paragraph (a), for “section 28 or Schedule 6” substitute “ sections 19 to 24 of the 2006 Act or regulations under those sections ”, and

(b)in paragraph (b), for “section 28” substitute “ section 19 of the 2006 Act ”.

(4)In subsection (4)—

(a)for “section 28” substitute “ section 19 of the 2006 Act ”, and

(b)for “paragraph 5 or 10 of Schedule 6” substitute “ regulations under section 24 of that Act ”.

(5)After subsection (5) insert—

(6)In this section “the 2006 Act” means the Education and Inspections Act 2006.

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Commencement Information

I66Sch. 3 para. 29 in force at 25.5.2007 by S.I. 2007/935, art. 7(o)

30In section 143 of SSFA 1998 (index)—

(a)in the entry beginning “promoters”—

(i)after “Part II” insert “ in relation to Wales ”, and

(ii)omit “or 28A(2)”

(b)omit the entry beginning “school organisation committee”.

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Commencement Information

I67Sch. 3 para. 30 in force at 25.5.2007 by S.I. 2007/935, art. 7(o)

31(1)Schedule 3 to SSFA 1998 (funding of foundation, voluntary and foundation special schools) is amended as follows.E+W

(2)In paragraph 2(2), for paragraph (a) substitute—

(a)apply in relation to the provision of any site or buildings which—

(i)in the case of a school in England, the authority or the person by whom any proposals were made are required to provide by virtue of Part 3 of Schedule 2 to the Education and Inspections Act 2006 (provision of premises in connection with proposals for establishment of school) or by virtue of regulations under section 24 of that Act (implementation of proposals for alteration of school), or

(ii)in the case of a school in Wales, the authority or promoters are required to provide by virtue of Part 3 of Schedule 6 (provision of premises in connection with statutory proposals); or.

(3)At the beginning of Part 2 insert—

Interpretation of PartE+W

2AIn this Part of this Schedule “promoters”, in relation to a school in England, means persons who are for the purposes of Schedule 2 to the Education and Inspections Act 2006 the proposers in relation to proposals for the establishment of the school.

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Commencement Information

I68Sch. 3 para. 31 in force at 25.5.2007 by S.I. 2007/935, art. 7(o)

32In Schedule 5 to SSFA 1998 (adjudicators), in paragraph 5(1) for “or under Part 2 of the Education Act 2005” substitute “ or under Part 2 of the Education and Inspections Act 2006 ”.

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Commencement Information

I69Sch. 3 para. 32 in force at 25.5.2007 by S.I. 2007/935, art. 7(o)

33(1)Schedule 6 to SSFA 1998 (statutory proposals: procedure and implementation) is amended as follows.E+W

(2)For the heading substitute “ STATUTORY PROPOSALS CONCERNING SCHOOLS IN WALES: PROCEDURE AND IMPLEMENTATION ”.

(3)Omit paragraphs 1 to 5.

(4)For the heading to Part 2 substitute “ PROCEDURE FOR DEALING WITH STATUTORY PROPOSALS ”.

(5)In paragraph 6, omit the words from “which relate” to the end.

(6)In paragraph 7, in sub-paragraphs (2) and (3), for “Secretary of State” substitute “ Assembly ”.

(7)In paragraph 8—

(a)for “Secretary of State”, wherever occurring, substitute “ Assembly ”,

(b)in sub-paragraph (1)(a), for “him” substitute “ it ”, and

(c)in sub-paragraph (2)(c), for “he” substitute “ it ”.

(8)In paragraph 9, in sub-paragraphs (2) and (3), for “Secretary of State” substitute “ Assembly ”.

(9)In paragraph 10—

(a)for “Secretary of State”, wherever occurring, substitute “ Assembly ”, and

(b)in sub-paragraphs (3) and (4), for “he” substitute “ it ”.

(10)In paragraph 11, omit “5 or”.

(11)In paragraph 12(2), omit “, 28A(1)”.

(12)In paragraph 13—

(a)in sub-paragraph (2), omit “, 28A(1)”, and

(b)in sub-paragraph (3)(a), omit “or 28A(2)”.

(13)In paragraph 14(3), omit “or 28A(2)”.

(14)In paragraph 16—

(a)for “Secretary of State”, wherever occurring, substitute “ Assembly ”, and

(b)in sub-paragraph (8)(b), for “he” substitute “ it ”.

(15)In paragraph 20(2), for “Secretary of State” substitute “ Assembly ”.

(16)Omit paragraph 21 and the italic heading immediately above it.

(17)For the italic heading immediately above paragraph 22, substitute “ Single-sex schools ”.

(18)In paragraph 22—

(a)for “Secretary of State”, wherever occurring, substitute “ Assembly ”,

(b)in sub-paragraph (3), for “he” substitute “ the Assembly ”, and

(c)after sub-paragraph (3) insert—

(4)In this paragraph—

  • the 1975 Act” means the Sex Discrimination Act 1975,

  • make”, in relation to a transitional exemption order, includes (so far as the context permits) vary or revoke,

  • the responsible body” has the same meaning as in section 22 of the 1975 Act, and

  • transitional exemption order” has the same meaning as in section 27 of the 1975 Act,

and references to proposals for a school to cease to be an establishment which admits pupils of one sex only are references to proposals which are or include proposals for such an alteration in a school's admission arrangements as is mentioned in section 27(1) of the 1975 Act (single-sex establishments becoming co-educational).

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Commencement Information

I70Sch. 3 para. 33 in force at 25.5.2007 by S.I. 2007/935, art. 7(o)

34In Schedule 8 to SSFA 1998 (changes of category of school), in paragraph 5(1), for “Secretary of State” substitute “ Assembly ”.

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Commencement Information

I71Sch. 3 para. 34 in force at 25.5.2007 by S.I. 2007/935, art. 7(o)

Learning and Skills Act 2000 (c. 21)E+W

35In section 113 of the Learning and Skills Act 2000 (sixth forms requiring significant improvement), in subsection (3)(b) omit “, any school organisation committee”.

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Commencement Information

I72Sch. 3 para. 35 in force at 25.5.2007 by S.I. 2007/935, art. 7(o)

36In section 113A of the Learning and Skills Act 2000 (restructuring of sixth-form education), in subsection (4)—

(a)in paragraph (a), after “local education authority” insert “ in Wales ”, and

(b)after that paragraph insert—

(aa)the establishment by a local education authority in England of one or more new foundation or foundation special schools to provide secondary education suitable to the requirements of persons who are above compulsory school age but below the age of 19 (and no other secondary education);.

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Commencement Information

I73Sch. 3 para. 36 in force at 25.5.2007 by S.I. 2007/935, art. 7(o)

F437. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F438. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F439. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

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Amendments (Textual)

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Amendments (Textual)

46In Schedule 7A to the Learning and Skills Act 2000, for paragraphs 5 to 7 substitute—

5(1)Where a local education authority in England are required under this Schedule to provide a site for a foundation or voluntary controlled school or foundation special school (or a proposed such school), paragraph 28 of Schedule 2 to the Education and Inspections Act 2006 applies as it applies in the circumstances mentioned in sub-paragraph (1) of that paragraph.

(2)Where a local education authority in Wales are required under this Schedule to provide a site for a foundation or voluntary controlled school or foundation special school (or a proposed such school), paragraph 16 of Schedule 6 to the School Standards and Framework Act 1998 applies as it applies in the circumstances mentioned in sub-paragraph (1) of that paragraph.

6(1)In relation to England, where the governing body of a voluntary aided school are required by paragraph 3(3)(b) of this Schedule to implement proposals to make an alteration to the school, paragraph 5 of Schedule 3 to the School Standards and Framework Act 1998 (grants by Secretary of State in respect of expenditure on premises and equipment) applies in relation to the school.

(2)In relation to Wales, paragraph 17 of Schedule 6 to the School Standards and Framework Act 1998 (grants in respect of certain expenditure relating to voluntary aided schools) applies in relation to the obligation under paragraph 3(3)(b) of this Schedule as it applies in relation to the obligations referred to in sub-paragraph (1)(a) of that paragraph 17.

7(1)A local education authority in England may give to the governing body of a voluntary aided school such assistance as the authority think fit in relation to the carrying out by the governing body of any obligation imposed on the governing body under this Schedule.

(2)Paragraph 31 of Schedule 2 to the Education and Inspections Act 2006 applies in relation to assistance under sub-paragraph (1) as it applies in relation to assistance under paragraph 30 of that Schedule.

(3)In relation to Wales, paragraph 18 of Schedule 6 to the School Standards and Framework Act 1998 (assistance from LEA in respect of voluntary aided schools) applies in relation to obligations imposed on the governing body of a voluntary aided school under this Schedule as it applies in relation to the obligations referred to in that paragraph, and paragraph 20 of that Schedule (duty on LEA to transfer interest in premises provided under paragraph 18) applies accordingly.

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Commencement Information

I74Sch. 3 para. 46 in force at 25.5.2007 by S.I. 2007/935, art. 7(o)

Education Act 2002 (c. 32)E+W

47(1)Section 129 of EA 2002 (transfer of employment) is amended as follows.E+W

(2)In subsection (1)(a), for the words from “section” to “1998” substitute “ the relevant school organisation provisions (as defined by subsection (6)) ”.

(3)After subsection (5) insert—

(6)In subsection (1)(a) “the relevant school organisation provisions” means—

(a)in relation to England, section 28, 28A or 31 of the School Standards and Framework Act 1998, section 66 of the Education Act 2005 or section 7 or 11 of the Education and Inspections Act 2006, and

(b)in relation to Wales, section 28 or 31 of the School Standards and Framework Act 1998.

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Commencement Information

I75Sch. 3 para. 47 in force at 25.5.2007 by S.I. 2007/935, art. 7(o)

48In Schedule 1 to EA 2002 (incorporation and powers of governing body), in paragraph 5 (dissolution of governing body) for sub-paragraph (2) substitute—

(2)In this paragraph “the discontinuance date” means—

(a)in relation to a school in England, whichever of the following is relevant—

(i)the date on which proposals for discontinuing the school are implemented under Part 3 of Schedule 2 to the Education and Inspections Act 2006 or under Schedule 7 or 7A to the Learning and Skills Act 2000,

(ii)the date on which the school is discontinued under section 30 of the 1998 Act, or

(iii)the date specified in a direction given under section 17(1) or 68(1) of the Education and Inspections Act 2006;

(b)in relation to a school in Wales, whichever of the following is relevant—

(i)the date on which proposals for discontinuing the school are implemented under Part 3 of Schedule 6 to the 1998 Act or under Schedule 7 or 7A to the Learning and Skills Act 2000,

(ii)the date on which the school is discontinued under section 30 of the 1998 Act, or

(iii)the date specified in a direction given under section 19(1) or 32(1) of the 1998 Act..

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Commencement Information

I76Sch. 3 para. 48 in force at 25.5.2007 by S.I. 2007/935, art. 7(o)

Education Act 2005 (c. 18)E+W

49Omit sections 64 to 67 of EA 2005 (which relate to school organisation in England).

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Commencement Information

I77Sch. 3 para. 49 in force at 25.5.2007 by S.I. 2007/935, art. 7(o)

50(1)Section 68 of EA 2005 (proposals for establishment of federated school) is amended as follows.E+W

(2)At the end of the heading insert “ in Wales ”.

(3)In subsection (1)—

(a)in paragraph (a), omit “, 28A”,

(b)at the end of paragraph (b), insert “ or ”, and

(c)omit paragraphs (d) and (e).

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Commencement Information

I78Sch. 3 para. 50 in force at 25.5.2007 by S.I. 2007/935, art. 7(o)

51In section 69 of EA 2005 (LEA not to establish school on opposite side of Welsh border), omit paragraph (a).

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Commencement Information

I79Sch. 3 para. 51 in force at 25.5.2007 by S.I. 2007/935, art. 7(o)

52Omit section 73 of EA 2005 (interpretation of Part 2).

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Commencement Information

I80Sch. 3 para. 52 in force at 25.5.2007 by S.I. 2007/935, art. 7(o)

53Omit Schedules 10 and 11 to EA 2005 (which relate to school organisation in England).

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Commencement Information

I81Sch. 3 para. 53 in force at 25.5.2007 by S.I. 2007/935, art. 7(o)

Section 36

SCHEDULE 4E+WDisposals and changes of use of land

Part 1 E+WAmendments to Schedule 22 to SSFA 1998

1Schedule 22 to SSFA 1998 (disposal of land by foundation, voluntary or foundation special schools and disposals on discontinuance) is amended as follows.

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Commencement Information

I82Sch. 4 para. 1 in force at 25.5.2007 by S.I. 2007/935, art. 7(p)

2Before Part 1 of the Schedule insert—

Part A1 E+WFoundation, voluntary and foundation special schools in england: disposals of land

Disposal of land by governing body of foundation, voluntary or foundation special school

A1(1)This paragraph applies to any disposal by the governing body of a foundation, voluntary or foundation special school in England of—

(a)any land acquired under a transfer under section 201(1)(a) of the Education Act 1996,

(b)any land acquired under any of the following—

  • paragraph 2 of Schedule 3;

  • paragraph 16 of Schedule 6 (including that provision as applied by any enactment);

  • paragraph 5(4)(c), 5(4B)(d) or 8A of this Schedule;

  • any regulations made under paragraph 5 of Schedule 8;

  • paragraph 28(2) of Schedule 2 to the Education and Inspections Act 2006 (including that provision as applied by any enactment),

(c)any land acquired under any regulations made under—

  • section 24 of the Education and Inspections Act 2006 by virtue of subsection (3)(b) of that section, or

  • section 27 of that Act by virtue of subsection (2)(b) of that section,

(d)any land acquired from a foundation body,

(e)any land acquired from the Funding Agency for Schools,

(f)any land acquired, or enhanced in value, wholly or partly by means of any maintenance, special purpose or capital grant (within the meaning of Chapter 6 of Part 3 of the Education Act 1996),

(g)any land acquired, or enhanced in value, wholly or partly by means of any grant made on or after 1st April 2007 by the Secretary of State under paragraph 5 of Schedule 3 (including that provision as applied by any enactment) in relation to which notice is given in accordance with paragraph A27,

(h)any land acquired, or enhanced in value, wholly or partly by means of expenditure incurred for the purposes of the school and treated by the local education authority as expenditure of a capital nature, or

(i)any land acquired, or enhanced in value, wholly or partly with the proceeds of disposal of any land acquired or enhanced in value as mentioned in any of paragraphs (a) to (h).

(2)But this paragraph does not apply to any disposal which—

(a)is made by the governing body of a foundation or foundation special school after the commencement of this sub-paragraph, and

(b)is a disposal to the trustees of the school made on the school becoming a school with a foundation established otherwise than under this Act.

(3)Sub-paragraph (1)(h) does not apply in the case of any expenditure incurred on or after the appointed day unless the authority—

(a)prepared an appropriate statement in relation to the expenditure, and

(b)sent a copy of the statement to the governing body either before, or no later than 12 months after, the expenditure was incurred.

(4)An “appropriate statement” in relation to expenditure is a statement in writing which—

(a)contains details of the amount of the expenditure, the acquisition or works funded (or to be funded) by such expenditure, and the total cost (or estimated total cost) of that acquisition or those works, and

(b)indicates that the expenditure was being treated by the authority as expenditure of a capital nature.

A2(1)This paragraph applies to a disposal of land to which paragraph A1 applies if, or to the extent that, it comprises a disposal of non-playing field land.

(2)Non-playing field land” means land which does not include playing fields within the meaning of section 77.

(3)Accordingly, in this paragraph, paragraphs A3 to A5 and paragraph A19—

(a)references to the disposal are to the disposal by the governing body of the non-playing field land, and

(b)references to the land are to that non-playing field land.

(4)The governing body must give the local education authority notice of their intention to dispose of the land.

(5)That notification must specify—

(a)the relevant capital expenditure upon which it is proposed the publicly funded proceeds of disposal are to be used, and

(b)the estimated amount of the proceeds of disposal.

(6)For the purposes of this paragraph and paragraphs A3 and A4, the “publicly funded proceeds of disposal” means the proceeds of disposal which are attributable to the land having been acquired or enhanced in value, or both, as the case may be, as mentioned in the relevant paragraph or paragraphs of sub-paragraph (1) of paragraph A1.

(7)The authority may, within the requisite period, give the governing body any or all of the following—

(a)notice of their objection to the disposal, giving reasons for their objection;

(b)notice of their objection to the proposed use of the publicly funded proceeds of disposal, giving reasons for their objection;

(c)notice of their claim to the whole or a part of the publicly funded proceeds of disposal.

(8)The “requisite period” means the period of 6 weeks beginning with the date upon which the governing body gave notification of the disposal to the authority under sub-paragraph (4).

(9)A notice given under sub-paragraph (7) may be withdrawn at any time by the authority giving the governing body notice to that effect.

(10)The governing body may not make the disposal within the requisite period unless within that period—

(a)the authority give the governing body notice that they relinquish any right to give notice under sub-paragraph (7)(a) in relation to the disposal, or

(b)in a case where the authority give notice of their objection to the disposal in accordance with sub-paragraph (7)(a), the relevant requirements in relation to such a notice are met.

(11)If the authority give notice of their objection to the disposal in accordance with sub-paragraph (7)(a), the governing body may not make the disposal on or after the expiry of the requisite period until the relevant requirements in relation to such a notice are met.

(12)The “relevant requirements” in relation to a notice given under sub-paragraph (7)(a) are met if—

(a)the adjudicator has approved the disposal on a reference made under paragraph A3(1), or

(b)the authority have withdrawn notice of their objection to the disposal in accordance with sub-paragraph (9).

(13)If the authority give either or both of the following notices in relation to the disposal in accordance with sub-paragraph (7)—

(a)notice of their objection to the proposed use of the publicly funded proceeds of disposal under sub-paragraph (7)(b);

(b)notice of their claim to the whole or a part of the publicly funded proceeds of disposal under sub-paragraph (7)(c),

the governing body may not use the publicly funded proceeds of disposal until the relevant requirements in relation to each notice so given are met.

(14)The “relevant requirements” in relation to a notice given under sub-paragraph (7)(b) are met if—

(a)the relevant capital expenditure upon which the publicly funded proceeds of disposal are to be used has been determined in accordance with paragraph A3(2), or

(b)the authority have withdrawn notice of their objection to the proposed use of the publicly funded proceeds of disposal in accordance with sub-paragraph (9).

(15)The “relevant requirements” in relation to a notice given under sub-paragraph (7)(c) are met if—

(a)the “appropriate amount” has been determined in accordance with paragraph A3(3), or

(b)the authority have withdrawn notice of their claim in accordance with sub-paragraph (9).

A3(1)Where the authority give the governing body notice of their objection to the disposal in accordance with paragraph A2(7)(a), the governing body or the authority may refer the matter to the adjudicator for a determination by him as to whether he approves the disposal.

(2)Where the authority give the governing body notice of their objection to the proposed use of the publicly funded proceeds of disposal in accordance with paragraph A2(7)(b), the relevant capital expenditure upon which those proceeds are to be used is to be determined—

(a)by agreement between the governing body and the authority, or

(b)by the adjudicator where—

(i)the governing body or the authority refer the matter to him for determination, and

(ii)by the time of his determination the matter has not been determined by agreement between the governing body and the authority.

(3)Where the authority give the governing body notice of their claim to the whole or a part of the publicly funded proceeds of disposal in accordance with paragraph A2(7)(c), the amount of those proceeds which it is appropriate for the governing body to pay to the authority (the “appropriate amount”) is to be determined—

(a)by agreement between the governing body and the authority, or

(b)by the adjudicator where—

(i)the governing body or the authority refer the matter to him for determination, and

(ii)by the time of his determination the matter has not been determined by agreement between the governing body and the authority.

(4)Before making a reference to the adjudicator under sub-paragraph (1), (2)(b) or (3)(b), the governing body or, as the case may be, the authority, must give the other notice of their intention to make the reference.

(5)On a reference under sub-paragraph (1), (2)(b) or (3)(b), the adjudicator may determine the proportion (if any) of the proceeds of disposal that are or will be the publicly funded proceeds of disposal.

A4(1)This paragraph applies where the disposal is made.

(2)The governing body must notify the authority that the disposal has been made and of the amount of the proceeds of disposal.

(3)Where—

(a)the authority gave notice of their claim to the whole or a part of the publicly funded proceeds of disposal in accordance with paragraph A2(7)(c), and

(b)the “appropriate amount” has been determined in accordance with paragraph A3(3) to be an amount greater than zero,

the governing body must pay the “appropriate amount” to the authority.

(4)The governing body must ensure that the remaining publicly funded proceeds of disposal are used on the agreed relevant capital expenditure.

(5)If the amount of the remaining publicly funded proceeds of disposal exceeds the amount of the agreed relevant capital expenditure, then the governing body must ensure that the surplus amount is used on relevant capital expenditure.

(6)The “agreed relevant capital expenditure” means—

(a)in a case where—

(i)no notice of objection to the proposed use of the publicly funded proceeds of disposal was given by the authority in accordance with paragraph A2(7)(b), or

(ii)such a notice was so given and was then withdrawn in accordance with paragraph A2(9),

the relevant capital expenditure specified in the notification of the disposal given to the authority under paragraph A2(4), and

(b)in a case where such notice of objection was so given and was not withdrawn, the relevant capital expenditure upon which the publicly funded proceeds of disposal are to be used as determined in accordance with paragraph A3(2).

(7)The “remaining publicly funded proceeds of disposal” means the amount of the publicly funded proceeds of disposal which remains after deducting the “appropriate amount” (if any) determined in accordance with paragraph A3(3).

(8)Sub-paragraphs (3), (4) and (5) are subject to paragraph A2(13) (restriction on use of publicly funded proceeds of disposal where notices given under paragraph A2(7)(b) or (c)).

A5(1)This paragraph applies where—

(a)the authority gave notice of their objection to the disposal in accordance with paragraph A2(7)(a), and

(b)the adjudicator has determined that he does not approve the disposal.

(2)The governing body may apply to the adjudicator for an order to be made by him requiring the land or any part of the land to be transferred to such local authority as he may specify subject to the payment by that authority of such sum by way of consideration (if any) as he determines to be appropriate.

(3)Before making an application under sub-paragraph (2), the governing body must give the local education authority notice of their intention to make the application.

A6(1)For the purposes of paragraphs A2 to A4, “relevant capital expenditure”, in relation to a disposal of land by the governing body of a foundation, voluntary or foundation special school, means capital expenditure in relation to the premises of—

(a)the school,

(b)any existing foundation, voluntary or foundation special school, city technology college, city college for the technology of the arts, or Academy, or

(c)any proposed foundation, voluntary or foundation special school, or Academy.

(2)For the purposes of sub-paragraph (1)(c) it is irrelevant whether proposals have yet been published under any enactment in respect of the proposed school or Academy in question.

Disposal of land by foundation body

A7(1)This paragraph applies to any disposal by a foundation body in England of—

(a)any land acquired under any of the following—

  • paragraph 2, 4 or 9 of Schedule 3;

  • paragraph 16 or 20 of Schedule 6 (including that provision as applied by any enactment);

  • paragraph 5 or 6 of Schedule 21;

  • paragraph 5(4B)(d) of this Schedule;

  • any regulations made under paragraph 5 of Schedule 8,

(b)any land acquired under any of the following—

  • paragraph 8(5) of Schedule 8 to the Education Act 2002;

  • paragraph 14(5) of Schedule 10 to the Education Act 2005;

  • paragraph 28(2) or 31(1) of Schedule 2 to the Education and Inspections Act 2006 (including that provision as applied by any enactment);

  • any regulations made under section 24 of that Act by virtue of subsection (3)(b) of that section;

  • any regulations made under section 27 of that Act by virtue of subsection (2)(b) of that section,

(c)any land acquired from the governing body of a maintained school,

(d)any land acquired from another foundation body,

(e)any land acquired, or enhanced in value, wholly or partly by means of any grant provided by the Secretary of State on or after the appointed day other than a grant made on or after 1st April 2007 under paragraph 5 of Schedule 3 (including that provision as applied by any enactment),

(f)any land acquired, or enhanced in value, wholly or partly by means of any grant made on or after 1st April 2007 by the Secretary of State under paragraph 5 of Schedule 3 (including that provision as applied by any enactment) in relation to which notice is given in accordance with paragraph A27,

(g)any land acquired, or enhanced in value, wholly or partly by means of expenditure incurred for the purposes of any of the schools comprising the group for which the body acts and treated by the local education authority as expenditure of a capital nature, or

(h)any land acquired, or enhanced in value, wholly or partly with the proceeds of disposal of any land acquired or enhanced in value as mentioned in any of paragraphs (a) to (g).

(2)A “foundation body in England” means a foundation body where each of the schools comprising the group of schools for which the foundation body acts is maintained by a local education authority in England.

(3)But this paragraph does not apply to any disposal which—

(a)is made by a foundation body after the commencement of this sub-paragraph, and

(b)is a disposal to the trustees of a foundation or foundation special school made on the school leaving the group for which the foundation body acts and becoming a school with a foundation established otherwise than under this Act.

(4)Sub-paragraph (1)(g) does not apply in the case of any expenditure incurred on or after the appointed day unless the authority—

(a)prepared an appropriate statement in relation to the expenditure, and

(b)sent a copy of the statement to the foundation body either before, or no later than 12 months after, the expenditure was incurred.

(5)An “appropriate statement” in relation to expenditure is a statement in writing which—

(a)contains details of the amount of the expenditure, the acquisition or works funded (or to be funded) by such expenditure, and the total cost (or estimated total cost) of that acquisition or those works, and

(b)indicates that the expenditure was being treated by the authority as expenditure of a capital nature.

A8(1)This paragraph applies to a disposal of land to which paragraph A7 applies if, or to the extent that, it comprises a disposal of non-playing field land.

(2)Non-playing field land” means land which does not include playing fields within the meaning of section 77.

(3)Accordingly, in this paragraph, paragraphs A9 to A11 and paragraph A19—

(a)references to the disposal are to the disposal by the foundation body of the non-playing field land, and

(b)references to the land are to that non-playing field land.

(4)The foundation body must give the local education authority notice of its intention to dispose of the land.

(5)That notification must specify—

(a)the relevant capital expenditure upon which it is proposed the publicly funded proceeds of disposal are to be used, and

(b)the estimated amount of the proceeds of disposal.

(6)For the purposes of this paragraph and paragraphs A9 and A10, the “publicly funded proceeds of disposal” means the proceeds of disposal which are attributable to the land having been acquired or enhanced in value, or both, as the case may be, as mentioned in the relevant paragraph or paragraphs of sub-paragraph (1) of paragraph A7.

(7)The authority may, within the requisite period, give the foundation body any or all of the following—

(a)notice of their objection to the disposal, giving reasons for their objection;

(b)notice of their objection to the proposed use of the publicly funded proceeds of disposal, giving reasons for their objection;

(c)notice of their claim to the whole or a part of the publicly funded proceeds of disposal.

(8)The “requisite period” means the period of 6 weeks beginning with the date upon which the foundation body gave notification of the disposal to the authority under sub-paragraph (4).

(9)A notice given under sub-paragraph (7) may be withdrawn at any time by the authority giving the foundation body notice to that effect.

(10)The foundation body may not make the disposal within the requisite period unless within that period—

(a)the authority give the foundation body notice that they relinquish any right to give notice under sub-paragraph (7)(a) in relation to the disposal, or

(b)in a case where the authority give notice of their objection to the disposal in accordance with sub-paragraph (7)(a), the relevant requirements in relation to such a notice are met.

(11)If the authority give notice of their objection to the disposal in accordance with sub-paragraph (7)(a), the foundation body may not make the disposal on or after the expiry of the requisite period until the relevant requirements in relation to such a notice are met.

(12)The “relevant requirements” in relation to a notice given under sub-paragraph (7)(a) are met if—

(a)the adjudicator has approved the disposal on a reference made under paragraph A9(1), or

(b)the authority have withdrawn notice of their objection to the disposal in accordance with sub-paragraph (9).

(13)If the authority give either or both of the following notices in relation to the disposal in accordance with sub-paragraph (7)—

(a)notice of their objection to the proposed use of the publicly funded proceeds of disposal under sub-paragraph (7)(b);

(b)notice of their claim to the whole or a part of the publicly funded proceeds of disposal under sub-paragraph (7)(c),

the foundation body may not use the publicly funded proceeds of disposal until the relevant requirements in relation to each notice so given are met.

(14)The “relevant requirements” in relation to a notice given under sub-paragraph (7)(b) are met if—

(a)the relevant capital expenditure upon which the publicly funded proceeds of disposal are to be used has been determined in accordance with paragraph A9(2), or

(b)the authority have withdrawn notice of their objection to the proposed use of the publicly funded proceeds of disposal in accordance with sub-paragraph (9).

(15)The “relevant requirements” in relation to a notice given under sub-paragraph (7)(c) are met if—

(a)the “appropriate amount” has been determined in accordance with paragraph A9(3), or

(b)the authority have withdrawn notice of their claim in accordance with sub-paragraph (9).

A9(1)Where the authority give the foundation body notice of their objection to the disposal in accordance with paragraph A8(7)(a), the foundation body or the authority may refer the matter to the adjudicator for a determination by him as to whether he approves the disposal.

(2)Where the authority give the foundation body notice of their objection to the proposed use of the publicly funded proceeds of disposal in accordance with paragraph A8(7)(b), the relevant capital expenditure upon which those proceeds are to be used is to be determined—

(a)by agreement between the foundation body and the authority, or

(b)by the adjudicator where—

(i)the foundation body refers or the authority refer the matter to him for determination, and

(ii)by the time of his determination the matter has not been determined by agreement between the foundation body and the authority.

(3)Where the authority give the foundation body notice of their claim to the whole or a part of the publicly funded proceeds of disposal in accordance with paragraph A8(7)(c), the amount of those proceeds which it is appropriate for the foundation body to pay to the authority (the “appropriate amount”) is to be determined—

(a)by agreement between the foundation body and the authority, or

(b)by the adjudicator where—

(i)the foundation body refers or the authority refer the matter to him for determination, and

(ii)by the time of his determination the matter has not been determined by agreement between the foundation body and the authority.

(4)Before making a reference to the adjudicator under sub-paragraph (1), (2)(b) or (3)(b), the foundation body or, as the case may be, the authority, must give the other notice of its or their intention to make the reference.

(5)On a reference under sub-paragraph (1), (2)(b) or (3)(b), the adjudicator may determine the proportion (if any) of the proceeds of disposal that are or will be the publicly funded proceeds of disposal.

A10(1)This paragraph applies where the disposal is made.

(2)The foundation body must notify the authority that the disposal has been made and of the amount of the proceeds of disposal.

(3)Where—

(a)the authority gave notice of their claim to the whole or a part of the publicly funded proceeds of disposal in accordance with paragraph A8(7)(c), and

(b)the “appropriate amount” has been determined in accordance with paragraph A9(3) to be an amount greater than zero,

the foundation body must pay the “appropriate amount” to the authority.

(4)The foundation body must ensure that the remaining publicly funded proceeds of disposal are used on the agreed relevant capital expenditure.

(5)If the amount of the remaining publicly funded proceeds of disposal exceeds the amount of the agreed relevant capital expenditure, then the foundation body must ensure that the surplus amount is used on relevant capital expenditure.

(6)The “agreed relevant capital expenditure” means—

(a)in a case where—

(i)no notice of objection to the proposed use of the publicly funded proceeds of disposal was given by the authority in accordance with paragraph A8(7)(b), or

(ii)such a notice was so given and was then withdrawn in accordance with paragraph A8(9),

the relevant capital expenditure specified in the notification of the disposal given to the authority under paragraph A8(4), and

(b)in a case where such notice of objection was so given and was not withdrawn, the relevant capital expenditure upon which the publicly funded proceeds of disposal are to be used as determined in accordance with paragraph A9(2).

(7)The “remaining publicly funded proceeds of disposal” means the amount of the publicly funded proceeds of disposal which remains after deducting the “appropriate amount” (if any) determined in accordance with paragraph A9(3).

(8)Sub-paragraphs (3), (4) and (5) are subject to paragraph A8(13) (restriction on use of publicly funded proceeds of disposal where notices given under paragraph A8(7)(b) or (c)).

A11(1)This paragraph applies where—

(a)the authority gave notice of their objection to the disposal in accordance with paragraph A8(7)(a), and

(b)the adjudicator has determined that he does not approve the disposal.

(2)The foundation body may apply to the adjudicator for an order to be made by him requiring the land or any part of the land to be transferred to such local authority as he may specify subject to the payment by that authority of such sum by way of consideration (if any) as he determines to be appropriate.

(3)Before making an application under sub-paragraph (2), the foundation body must give the local education authority notice of its intention to make the application.

A12(1)For the purposes of paragraphs A8 to A10, “relevant capital expenditure”, in relation to a disposal of land by a foundation body, means capital expenditure in relation to the premises of—

(a)any of the schools comprising the group for which the body acts,

(b)any existing foundation, voluntary or foundation special school, city technology college, city college for the technology of the arts, or Academy, or

(c)any proposed foundation, voluntary or foundation special school, or Academy.

(2)For the purposes of sub-paragraph (1)(c) it is irrelevant whether proposals have yet been published under any enactment in respect of the proposed school or Academy in question.

Disposal of land by trustees of foundation, voluntary or foundation special school

A13(1)This sub-paragraph applies to any disposal by the trustees of a foundation, voluntary or foundation special school in England of—

(a)any land acquired under section 60, 61 or 70 of the Education Act 1996,

(b)any land acquired under any of the following—

  • paragraph 2 of Schedule 3;

  • paragraph 16 of Schedule 6 (including that provision as applied by any enactment);

  • paragraph 5(4B)(d) of this Schedule;

  • any regulations made under paragraph 5 of Schedule 8,

(c)any land acquired under any of the following—

  • paragraph 4 or 9 of Schedule 3;

  • paragraph 20 of Schedule 6 (including that provision as applied by any enactment),

(d)any land acquired under any of the following—

  • paragraph 8(5) of Schedule 8 to the Education Act 2002;

  • paragraph 14(5) of Schedule 10 to the Education Act 2005;

  • paragraph 28(2) or 31(1) of Schedule 2 to the Education and Inspections Act 2006 (including that provision as applied by any enactment);

  • any regulations made under section 24 of that Act by virtue of subsection (3)(b) of that section,

(e)any land acquired, or enhanced in value, wholly or partly by means of expenditure incurred on or after the appointed day for the purposes of the school and treated by the local education authority as expenditure of a capital nature,

(f)any land acquired from the Funding Agency for Schools,

(g)any land acquired, or enhanced in value, wholly or partly by means of—

(i)any maintenance, special purpose or capital grant (within the meaning of Chapter 6 of Part 3 of the Education Act 1996), or

(ii)any grant paid under section 216(2) of that Act,

(h)any land acquired wholly or partly with the proceeds of disposal of any land acquired or enhanced in value as mentioned in paragraph (f) or (g),

(i)any land acquired, or enhanced in value, wholly or partly by means of any grant made in pursuance of a special agreement (as defined by section 32(5) of the Education Act 1996),

(j)any land acquired, or enhanced in value, wholly or partly by means of any grant made on or after 1st April 2007 by the Secretary of State under paragraph 5 of Schedule 3 (including that provision as applied by any enactment) in relation to which notice is given in accordance with paragraph A27, or

(k)any land acquired, or enhanced in value, wholly or partly with the proceeds of disposal of any land acquired or enhanced in value as mentioned in paragraph (j).

(2)This sub-paragraph applies to any disposal by the trustees of a foundation or foundation special school in England of—

(a)any land acquired by the trustees from the governing body of the school or of another foundation or foundation special school which was land—

(i)acquired by the governing body under a transfer under section 201(1)(a) of the Education Act 1996,

(ii)acquired by the governing body under any of the provisions mentioned in sub-paragraph (1)(b) or under paragraph 8A of this Schedule, or

(iii)acquired by the governing body, or enhanced in value, wholly or partly with the proceeds of disposal of land acquired as mentioned in sub-paragraph (i) or (ii), or

(b)any land acquired, or enhanced in value, wholly or partly with the proceeds of disposal of any land acquired as mentioned in sub-paragraph (1)(b).

(3)This sub-paragraph applies to any disposal by the trustees of a voluntary school in England of—

(a)any land acquired by the trustees from the governing body of the school which was land acquired by the governing body—

(i)under a transfer under section 201(1)(a) of the Education Act 1996, or

(ii)wholly or partly with the proceeds of disposal of any land so acquired,

and transferred by the governing body to be held on trust by the trustees, or

(b)in the case of a school to which sub-paragraph (4) applies, any land acquired, or enhanced in value, wholly or partly by means of expenditure incurred under section 63 or 64 of the Education Act 1996.

(4)This sub-paragraph applies to a voluntary aided school which was, immediately before the appointed day, a controlled school within the meaning of the Education Act 1996.

(5)Sub-paragraph (1)(e) does not apply in the case of any expenditure unless the authority—

(a)prepared an appropriate statement in relation to the expenditure, and

(b)sent a copy of the statement to the trustees either before, or no later than 12 months after, the expenditure was incurred.

(6)An “appropriate statement” in relation to expenditure is a statement in writing which—

(a)contains details of the amount of the expenditure, the acquisition or works funded (or to be funded) by such expenditure, and the total cost (or estimated total cost) of that acquisition or those works, and

(b)indicates that the expenditure was being treated by the authority as expenditure of a capital nature.

(7)Where the trustees of a foundation, voluntary or foundation special school wish, in the case of any land held by them for the purposes of the school, to use the land for purposes not connected with the provision of education in maintained schools the preceding provisions of this paragraph and paragraphs A14 to A16 apply (subject to the modifications specified in paragraphs A14(18), A15(5) and A16(9)) as if any such change of use of the land were a disposal of the land.

A14(1)This paragraph applies to a disposal of land to which sub-paragraph (1), (2) or (3) of paragraph A13 applies.

(2)But this paragraph only applies to a disposal if, or to the extent that, it comprises a disposal of non-playing field land which does not fall within sub-paragraph (5).

(3)Non-playing field land” means land which does not include playing fields within the meaning of section 77.

(4)Accordingly, in this paragraph, paragraphs A15 to A17 and paragraph A19—

(a)references to the disposal are to the disposal by the trustees of the non-playing field land, and

(b)references to the land are to that non-playing field land.

(5)A disposal of non-playing field land falls within this sub-paragraph if it is a disposal of—

(a)land acquired under section 60 or 61 of the Education Act 1996, or

(b)land acquired under paragraph 2 or 4 of Schedule 3 to this Act,

by the trustees of an institution which is, or has at any time been, within the further education sector (as defined by section 4(3) of the Education Act 1996).

(6)The trustees must give the local education authority notice of their intention to dispose of the land.

(7)That notification must specify—

(a)the relevant capital expenditure upon which it is proposed the publicly funded proceeds of disposal are to be used, and

(b)the estimated amount of the proceeds of disposal.

(8)For the purposes of this paragraph and paragraphs A15 and A16, the “publicly funded proceeds of disposal” means the proceeds of disposal which are attributable to the land having been acquired or enhanced in value, or both, as the case may be, as mentioned in the relevant paragraph or paragraphs of sub-paragraph (1), (2) or (3) of paragraph A13.

(9)The authority may, within the requisite period, give the trustees any or all of the following—

(a)notice of their objection to the disposal, giving reasons for their objection;

(b)notice of their objection to the proposed use of the publicly funded proceeds of disposal, giving reasons for their objection;

(c)notice of their claim to the whole or a part of the publicly funded proceeds of disposal.

(10)The “requisite period” means the period of 6 weeks beginning with the date upon which the trustees gave notification of the disposal to the authority under sub-paragraph (6).

(11)A notice given under sub-paragraph (9) may be withdrawn at any time by the authority giving the trustees notice to that effect.

(12)The trustees may not make the disposal within the requisite period unless within that period—

(a)the authority give the trustees notice that they relinquish any right to give notice under sub-paragraph (9)(a) in relation to the disposal, or

(b)in a case where the authority give notice of their objection to the disposal in accordance with sub-paragraph (9)(a), the relevant requirements in relation to such a notice are met.

(13)If the authority give notice of their objection to the disposal in accordance with sub-paragraph (9)(a), the trustees may not make the disposal on or after the expiry of the requisite period until the relevant requirements in relation to such a notice are met.

(14)The “relevant requirements” in relation to a notice given under sub-paragraph (9)(a) are met if—

(a)the adjudicator has approved the disposal on a reference made under paragraph A15(1), or

(b)the authority have withdrawn notice of their objection to the disposal in accordance with sub-paragraph (11).

(15)If the authority give either or both of the following notices in relation to the disposal in accordance with sub-paragraph (9)—

(a)notice of their objection to the proposed use of the publicly funded proceeds of disposal under sub-paragraph (9)(b);

(b)notice of their claim to the whole or a part of the publicly funded proceeds of disposal under sub-paragraph (9)(c),

the trustees may not use the publicly funded proceeds of disposal until the relevant requirements in relation to each notice so given are met.

(16)The “relevant requirements” in relation to a notice given under sub-paragraph (9)(b) are met if—

(a)the relevant capital expenditure upon which the publicly funded proceeds of disposal are to be used has been determined in accordance with paragraph A15(2), or

(b)the authority have withdrawn notice of their objection to the proposed use of the publicly funded proceeds of disposal in accordance with sub-paragraph (11).

(17)The “relevant requirements” in relation to a notice given under sub-paragraph (9)(c) are met if—

(a)the “appropriate amount” has been determined in accordance with paragraph A15(3), or

(b)the authority have withdrawn notice of their claim in accordance with sub-paragraph (11).

(18)In its application in the case of a disposal of land to which sub-paragraph (1), (2) or (3) of paragraph A13 applies by virtue of sub-paragraph (7) of that paragraph, this paragraph is modified as follows—

(a)in sub-paragraph (7) for paragraphs (a) and (b) substitute “the purposes for which it is proposed the land is to be used”,

(b)in sub-paragraph (9)—

(i)omit paragraphs (a) and (c), and

(ii)in paragraph (b), for “proposed use of the publicly funded proceeds of disposal” substitute “proposed purposes for which the land is to be used”,

(c)in sub-paragraph (15)—

(i)for “proposed use of the publicly funded proceeds of disposal” substitute “proposed purposes for which the land is to be used”, and

(ii)for “use the publicly funded proceeds of disposal” substitute “use the land for purposes not connected with the provision of education in maintained schools”, and

(d)in sub-paragraph (16)—

(i)for “relevant capital expenditure upon which the publicly funded proceeds of disposal are to be used has” substitute “purposes for which the land is to be used have”, and

(ii)for “proposed use of the publicly funded proceeds of disposal” substitute “proposed purposes for which the land is to be used”.

A15(1)Where the authority give the trustees notice of their objection to the disposal in accordance with paragraph A14(9)(a), the trustees or the authority may refer the matter to the adjudicator for a determination by him as to whether he approves the disposal.

(2)Where the authority give the trustees notice of their objection to the proposed use of the publicly funded proceeds of disposal in accordance with paragraph A14(9)(b), the relevant capital expenditure upon which those proceeds are to be used is to be determined—

(a)by agreement between the trustees and the authority, or

(b)by the adjudicator where—

(i)the trustees or the authority refer the matter to him for determination, and

(ii)by the time of his determination the matter has not been determined by agreement between the trustees and the authority.

(3)Where the authority give the trustees notice of their claim to the whole or a part of the publicly funded proceeds of disposal in accordance with paragraph A14(9)(c), the amount of those proceeds which it is appropriate for the trustees or their successors to pay to the authority (the “appropriate amount”) is to be determined—

(a)by agreement between the trustees and the authority, or

(b)by the adjudicator where—

(i)the trustees or the authority refer the matter to him for determination, and

(ii)by the time of his determination the matter has not been determined by agreement between the trustees and the authority.

(4)Before making a reference to the adjudicator under sub-paragraph (1), (2)(b) or (3)(b), the trustees or, as the case may be, the authority, must give the other notice of their intention to make the reference.

(5)On a reference under sub-paragraph (1), (2)(b) or (3)(b), the adjudicator may determine the proportion (if any) of the proceeds of disposal that are or will be the publicly funded proceeds of disposal.

(6)In the application of this paragraph in the case of a disposal of land to which sub-paragraph (1), (2) or (3) of paragraph A13 applies by virtue of sub-paragraph (7) of that paragraph, sub-paragraph (2) is modified as follows—

(a)for “proposed use of the publicly funded proceeds of disposal” substitute “proposed purposes for which the land is to be used”, and

(b)for “relevant capital expenditure upon which those proceeds are to be used is” substitute “purposes for which the land is to be used are”.

A16(1)This paragraph applies where the disposal is made.

(2)The trustees must notify the authority that the disposal has been made and of the amount of the proceeds of disposal.

(3)Where—

(a)the authority gave notice of their claim to the whole or a part of the publicly funded proceeds of disposal in accordance with paragraph A14(9)(c), and

(b)the “appropriate amount” has been determined in accordance with paragraph A15(3) to be an amount greater than zero,

the trustees or their successors must pay the “appropriate amount” to the authority.

(4)The trustees and their successors must ensure that the remaining publicly funded proceeds of disposal are used on the agreed relevant capital expenditure.

(5)If the amount of the remaining publicly funded proceeds of disposal exceeds the amount of the agreed relevant capital expenditure, then the trustees and their successors must ensure that the surplus amount is used on relevant capital expenditure.

(6)The “agreed relevant capital expenditure” means—

(a)in a case where—

(i)no notice of objection to the proposed use of the publicly funded proceeds of disposal was given by the authority in accordance with paragraph A14(9)(b), or

(ii)such a notice was so given and was then withdrawn in accordance with paragraph A14(11),

the relevant capital expenditure specified in the notification of the disposal given to the authority under paragraph A14(6), and

(b)in a case where such notice of objection was so given and was not withdrawn, the relevant capital expenditure upon which the publicly funded proceeds of disposal are to be used as determined in accordance with paragraph A15(2).

(7)The “remaining publicly funded proceeds of disposal” means the amount of the publicly funded proceeds of disposal which remains after deducting the “appropriate amount” (if any) determined in accordance with paragraph A15(3).

(8)Sub-paragraphs (3), (4) and (5) are subject to paragraph A14(15) (restriction on use of publicly funded proceeds of disposal where notices given under paragraph A14(9)(b) or (c)).

(9)In its application in the case of a disposal of land to which sub-paragraph (1), (2) or (3) of paragraph A13 applies by virtue of sub-paragraph (7) of that paragraph, this paragraph is modified as follows—

(a)in sub-paragraph (2) omit the words from “and of the amount” to the end,

(b)in sub-paragraph (4) for “remaining publicly funded proceeds of disposal are used on the agreed relevant capital expenditure” substitute “land is used for the agreed purposes”,

(c)omit sub-paragraph (5), and

(d)in sub-paragraph (6)—

(i)for “agreed relevant capital expenditure” substitute “agreed purposes”,

(ii)for “proposed use of the publicly funded proceeds of disposal” substitute “proposed purposes for which the land is to be used”,

(iii)for “relevant capital expenditure” substitute “proposed purposes”, and

(iv)for “relevant capital expenditure upon which the publicly funded proceeds of disposal are to be used” substitute “purposes for which the land is to be used”.

A17(1)This paragraph applies where—

(a)the authority gave notice of their objection to the disposal in accordance with paragraph A14(9)(a), and

(b)the adjudicator has determined that he does not approve the disposal.

(2)The trustees may apply to the adjudicator for an order to be made by him requiring the land or any part of the land to be transferred to such local authority as he may specify subject to the payment by that authority of such sum by way of consideration (if any) as he determines to be appropriate.

(3)Before making an application under sub-paragraph (2), the trustees must give the local education authority notice of their intention to make the application.

A18(1)For the purposes of paragraphs A14 to A16, “relevant capital expenditure”, in relation to a disposal of land by the trustees of a foundation, voluntary or foundation special school, means capital expenditure in relation to the premises of—

(a)the school,

(b)any existing foundation, voluntary or foundation special school, city technology college, city college for the technology of the arts, or Academy, or

(c)any proposed foundation, voluntary or foundation special school, or Academy.

(2)For the purposes of sub-paragraph (1)(c) it is irrelevant whether proposals have yet been published under any enactment in respect of the proposed school or Academy in question.

Duty to have regard to guidance etc

A19(1)A local education authority, a governing body, a foundation body and trustees must have regard, in particular, to any guidance given from time to time by the Secretary of State—

(a)in determining whether to give a notice, or make a reference or application to the adjudicator, under any of paragraphs A2 to A17, or

(b)in determining the publicly funded proceeds of disposal or the “appropriate amount” for the purposes of any of those paragraphs.

(2)In determining any matter for the purposes of any of the provisions mentioned in sub-paragraph (1), the adjudicator must have regard, in particular, to any guidance given from time to time by the Secretary of State.

(3)In addition to having regard to guidance as required under sub-paragraph (1)(b) or (2), a local education authority, a governing body, a foundation body, trustees and the adjudicator, must also have regard, in particular, to the factors mentioned in sub-paragraph (4) in determining any of the following for the purposes of any of paragraphs A2 to A17—

(a)the publicly funded proceeds of disposal;

(b)the “appropriate amount”;

(c)the amount of the consideration (if any) to be paid under paragraph A5, A11 or A17.

(4)The factors referred to in sub-paragraph (3) are—

(a)in the case of any disposal, the value of the land as at the date of the determination,

(b)in the case of any disposal, any enhancement in value of the land attributable to expenditure on the land by the local education authority or a relevant person,

(c)in the case of any disposal, any expenditure on the land by a relevant person,

(d)in the case of any disposal, any relevant payments made by a relevant person to the local education authority or the Secretary of State,

(e)in the case of any disposal, to the extent that they do not fall within paragraph (c) or (d), any payments in respect of the acquisition of the land, and

(f)in the case of a disposal falling within paragraph A1(1)(i), paragraph A7(1)(h) or paragraph A13(1)(h) or (k), (2)(a)(iii) or (b), or (3)(a)(ii), the extent to which the proceeds of disposal mentioned in the provision in question were publicly funded proceeds of disposal as defined for the purposes of paragraph A2, A8 or A14, as the case may be.

(5)A “relevant person” means—

(a)in the case of a disposal to which paragraph A2 or A14 applies, the governing body or the trustees of the school in question, and

(b)in the case of a disposal to which paragraph A8 applies, the foundation body in question.

(6)A “relevant payment” means—

(a)in the case of any disposal, a payment in respect of the current school site or sites to which the land relates,

(b)in the case of any disposal, a payment under any of the following provisions—

  • paragraph 2(6) of Schedule 3;

  • paragraph 16(5) of Schedule 6 (including that provision as applied by any enactment);

  • section 60(4) of the Education Act 1996;

  • paragraph 28(5) of Schedule 2 to the Education and Inspections Act 2006 (including that provision as applied by any enactment), and

(c)in the case of a disposal of land falling within any of the following provisions—

  • paragraph A1(1)(f) or (g);

  • paragraph A7(1)(e) or (f);

  • paragraph A13(1)(g), (i) or (j),

a payment in respect of the grant mentioned in the provision in question.

(7)The reference in sub-paragraph (5)(a) to the governing body or the trustees of the school in question includes—

(a)where the school was established in pursuance of proposals published under section 28(2) or 28A(2), the persons who published the proposals,

(b)where the school was established in pursuance of proposals published under section 70 of the Education Act 2002 or section 66 of the Education Act 2005 which were made by persons other than a local education authority, the persons by whom the proposals were made, and

(c)where the school was established in pursuance of proposals published under any of sections 7, 10 and 11 of the Education and Inspections Act 2006, any persons, other than a local education authority, by whom the proposals were treated for the purposes of Schedule 2 to that Act as having been made.

(8)The reference in sub-paragraph (5)(b) to the foundation body in question includes—

(a)where the school or any of the schools to which the land in question relates was established in pursuance of proposals published under section 28(2) or 28A(2), the persons who published the proposals,

(b)where the school or any of the schools to which the land in question relates was established in pursuance of proposals published under section 70 of the Education Act 2002 or section 66 of the Education Act 2005 which were made by persons other than a local education authority, the persons by whom the proposals were made, and

(c)where the school or any of the schools to which the land in question relates was established in pursuance of proposals published under any of sections 7, 10 and 11 of the Education and Inspections Act 2006, any persons, other than a local education authority, by whom the proposals were treated for the purposes of Schedule 2 to that Act as having been made.

Power to vary or revoke determinations or orders

A20(1)A determination made by the adjudicator on a reference made to him under any of paragraphs A3 to A15 may be varied or revoked by a further determination made by him if—

(a)the matter is referred to him by a relevant person in relation to the determination, and

(b)before making the further determination, the adjudicator consults such persons as he considers appropriate.

(2)A “relevant person” in relation to a determination means—

(a)the local education authority, governing body, foundation body or trustees who made the reference to the adjudicator in relation to which the determination was made, or

(b)any other of those persons who could have made that reference.

(3)In determining whether to make a reference to the adjudicator under sub-paragraph (1)(a), a relevant person must have regard, in particular, to any guidance given from time to time by the Secretary of State.

(4)An order made by the adjudicator on an application under paragraph A5, A11 or A17 may be varied or revoked by a further order made by him if—

(a)an application for its variation or revocation is made to him by an appropriate person in relation to the order, and

(b)before making the further order, the adjudicator consults such persons as he considers appropriate.

(5)An “appropriate person” in relation to an order made under paragraph A5, A11 or A17 means—

(a)the governing body, the foundation body or the trustees, as the case may be, who applied for the order,

(b)the local education authority, or

(c)if different from that authority, the local authority to whom land is required to be transferred under the order.

(6)In determining whether to make an application to the adjudicator under sub-paragraph (4)(a), an appropriate person must have regard, in particular, to any guidance given from time to time by the Secretary of State.

(7)Paragraph A19 applies in relation to the further determination by the adjudicator, by virtue of sub-paragraph (1) or (4), of any matter for the purposes of any of paragraphs A2 to A17 as it applies in relation to the original determination of the matter.

Meaning of “capital expenditure”

A21(1)This paragraph applies to the references to capital expenditure in the definition of “relevant capital expenditure” in paragraphs A6, A12 and A18.

(2)Subject to sub-paragraphs (3) and (4), such references are references to—

(a)in the case of paragraph A6, expenditure which, if it were to be incurred by the governing body, would fall to be capitalised in accordance with proper accounting practices;

(b)in the case of paragraph A12, expenditure which, if it were to be incurred by the foundation body, would fall to be capitalised in accordance with proper accounting practices;

(c)in the case of paragraph A18, expenditure which, if it were to be incurred by the trustees, would fall to be capitalised in accordance with proper accounting practices.

(3)The Secretary of State may by regulations prescribe classes or descriptions of expenditure which are to be treated—

(a)for the purposes of paragraph A6 as being, or as not being, capital expenditure of any governing body, or any prescribed class or description of governing body;

(b)for the purposes of paragraph A12 as being, or as not being, capital expenditure of any foundation body, or any prescribed class or description of foundation body;

(c)for the purposes of paragraph A18 as being, or as not being, capital expenditure of any trustees, or any prescribed class or description of trustee.

(4)The Secretary of State may by direction provide that—

(a)expenditure of a particular governing body, which is expenditure of a particular class or description, is to be treated for the purposes of paragraph A6 as being, or as not being, capital expenditure of that body;

(b)expenditure of a particular foundation body, which is expenditure of a particular class or description, is to be treated for the purposes of paragraph A12 as being, or as not being, capital expenditure of that body;

(c)expenditure of particular trustees, which is expenditure of a particular class or description, is to be treated for the purposes of paragraph A18 as being, or as not being, capital expenditure of those persons.

(5)Directions under sub-paragraph (4) may be expressed to have effect in specified circumstances or subject to specified conditions.

A22(1)For the purposes of paragraph A21, “proper accounting practices”, in relation to a governing or foundation body, or to trustees, means those accounting practices—

(a)which, whether by virtue of any enactment or by reference to any generally recognised published code or otherwise, are regarded as proper accounting practices to be followed in the keeping of accounts by that body, or as the case may be, those persons, or

(b)which, whether by virtue of any enactment or by reference to any generally recognised published code or otherwise, are regarded as proper accounting practices to be followed in the keeping of accounts by the relevant local education authority.

(2)The “relevant local education authority” means the local education authority to whom notice of the disposal in question is required to be given under paragraph A2, A8 or A14.

(3)In the event of conflict between the accounting practices falling within paragraph (a) of sub-paragraph (1) and those falling within paragraph (b) of that sub-paragraph, only those falling within paragraph (a) are to be regarded as proper accounting practices.

Land required by local education authority for certain purposes

A23(1)A local education authority in England may apply to the adjudicator for a transfer order under this paragraph in relation to publicly funded land which—

(a)is held for the purposes of a foundation, voluntary or foundation special school by the governing body of the school,

(b)is held by a foundation body for the purposes of the group of schools for which it acts, or

(c)is held, or held on trust, for the purposes of a foundation, voluntary or foundation special school by the trustees of the school.

(2)A transfer order is an order requiring the land in relation to which it is made to be transferred by the body or trustees holding it to the authority, subject to the payment by the authority of such sum by way of consideration (if any) as the adjudicator determines to be appropriate.

(3)In determining whether to make an application under sub-paragraph (1) for a transfer order, a local education authority must have regard, in particular, to any guidance given from time to time by the Secretary of State.

(4)Before making an application under sub-paragraph (1) for a transfer order in relation to publicly funded land, the authority must give the body or trustees holding the land notice of the authority's intention to make the application.

(5)An application under sub-paragraph (1) must state the purpose for which the land to which it relates is required by the authority (“the stated purpose”).

(6)In relation to the content of such an application, a local education authority must have regard, in particular, to any guidance given from time to time by the Secretary of State.

(7)Where an application is made under sub-paragraph (1) for a transfer order in relation to publicly funded land, the adjudicator may make a transfer order if he is satisfied that—

(a)the land is not required for the purposes of the school or, as the case may be, the schools in the group,

(b)the land is required by the authority for the stated purpose,

(c)the stated purpose is a qualifying purpose, and

(d)it is appropriate for the land to be used for that purpose.

(8)For the purposes of sub-paragraph (7)(c) the stated purpose is a qualifying purpose if it falls within one or more of the following descriptions of purpose—

(a)the land is required for the purposes of any school or institution which is, or is to be, maintained by the authority, or which they have power to assist;

(b)the land is otherwise required for the purposes of the exercise of any of the functions of the authority;

(c)the land is required for the provision of children's services by or on behalf of the local authority who are that authority in the exercise of any of the relevant functions of that local authority.

(9)For the purposes of sub-paragraph (8)(c)—

  • “children's services” are services provided for or in relation to any of the following persons (whether or not they are also provided for or in relation to any other persons)—

    (a)

    children;

    (b)

    persons aged 18 or 19;

    (c)

    persons over the age of 19 who are receiving services under sections 23C to 24D of the Children Act 1989;

    (d)

    persons over the age of 19 but under the age of 25 who have a learning difficulty, within the meaning of section 13 of the Learning and Skills Act 2000, and are receiving services under that Act;

  • relevant functions” means the functions described in any of paragraphs (a), (c), (d) or (e) of subsection (1) of section 135 of the Education and Inspections Act 2006.

(10)Before making a transfer order the adjudicator must consult the body or trustees holding the land in relation to which the application for the transfer order is made.

(11)In determining whether to make a transfer order, the adjudicator must have regard, in particular, to any guidance given from time to time by the Secretary of State.

(12)Where a transfer order is made, the authority must use the land to which it relates for the stated purpose.

(13)A transfer order made by the adjudicator may be varied or revoked by a further order made by the adjudicator if—

(a)an application for its variation or revocation is made to him by a relevant person in relation to the order, and

(b)before making the further order, the adjudicator consults such persons as he considers appropriate.

(14)A “relevant person” in relation to a transfer order means—

(a)the local education authority who applied for the transfer order, or

(b)the body or trustees who held the land to which the order relates.

(15)In determining whether to make an application to the adjudicator under sub-paragraph (13)(a), a relevant person must have regard, in particular, to any guidance given from time to time by the Secretary of State.

(16)Sub-paragraph (11) applies in relation to the making of a further order by virtue of sub-paragraph (13) as it applies in relation to the making of the original transfer order.

A24(1)For the purposes of paragraph A23, land held for the purposes of a foundation, voluntary or foundation special school by the governing body of the school is “publicly funded land” if it is—

(a)land acquired under a transfer under section 201(1)(a) of the Education Act 1996,

(b)land acquired under any of the following—

  • paragraph 2 of Schedule 3;

  • paragraph 16 of Schedule 6 (including that provision as applied by any enactment);

  • paragraph 5(4)(c), 5(4B)(d) or 8A of this Schedule;

  • any regulations made under paragraph 5 of Schedule 8;

  • paragraph 28(2) of Schedule 2 to the Education and Inspections Act 2006 (including that provision as applied by any enactment),

(c)land acquired under any regulations made under—

  • section 24 of the Education and Inspections Act 2006 by virtue of subsection (3)(b) of that section, or

  • section 27 of that Act by virtue of subsection (2)(b) of that section,

(d)land acquired from a foundation body,

(e)land acquired from the Funding Agency for Schools,

(f)land acquired wholly by means of—

(i)any maintenance, special purpose or capital grant (within the meaning of Chapter 6 of Part 3 of the Education Act 1996), or

(ii)any grant paid under any regulations made under paragraph 4 of Schedule 32 to this Act other than a grant paid under such regulations to the governing body of a voluntary aided school,

(g)land acquired wholly or partly by means of any grant made on or after 1st April 2007 by the Secretary of State under paragraph 5 of Schedule 3 (including that provision as applied by any enactment) in relation to which notice is given in accordance with paragraph A27,

(h)land acquired wholly by means of expenditure incurred for the purposes of the school and treated by the local education authority as expenditure of a capital nature, or

(i)land acquired wholly with the proceeds of disposal of any land acquired as mentioned in any of paragraphs (a) to (h).

(2)Sub-paragraph (1)(h) does not apply in the case of any expenditure incurred on or after the appointed day unless the authority—

(a)prepared an appropriate statement in relation to the expenditure, and

(b)sent a copy of the statement to the governing body either before, or no later than 12 months after, the expenditure was incurred.

(3)An “appropriate statement” in relation to expenditure is a statement in writing which—

(a)contains details of the amount of the expenditure, the acquisition or works funded (or to be funded) by such expenditure, and the total cost (or estimated total cost) of that acquisition or those works, and

(b)indicates that the expenditure was being treated by the authority as expenditure of a capital nature.

A25(1)For the purposes of paragraph A23, land held by a foundation body for the purposes of the group of schools for which it acts is “publicly funded land” if it is—

(a)land acquired under any of the following—

  • paragraph 2, 4 or 9 of Schedule 3;

  • paragraph 16 or 20 of Schedule 6 (including that provision as applied by any enactment);

  • paragraph 5 or 6 of Schedule 21;

  • paragraph 5(4B)(d) of this Schedule;

  • any regulations made under paragraph 5 of Schedule 8,

(b)land acquired under any of the following—

  • paragraph 8(5) of Schedule 8 to the Education Act 2002;

  • paragraph 14(5) of Schedule 10 to the Education Act 2005;

  • paragraph 28(2) or 31(1) of Schedule 2 to the Education and Inspections Act 2006 (including that provision as applied by any enactment);

  • any regulations made under section 24 of that Act by virtue of subsection (3)(b) of that section;

  • any regulations made under section 27 of that Act by virtue of subsection (2)(b) of that section,

(c)land acquired from the governing body of a maintained school,

(d)land acquired from another foundation body,

(e)land acquired wholly by means of—

(i)any grant provided by the Secretary of State on or after the appointed day other than a grant made on or after 1st April 2007 under paragraph 5 of Schedule 3 (including that provision as applied by any enactment), or

(ii)any grant paid under any regulations made under paragraph 4 of Schedule 32 to this Act other than a grant paid under such regulations to the governing body of a voluntary aided school,

(f)land acquired wholly or partly by means of any grant made on or after 1st April 2007 by the Secretary of State under paragraph 5 of Schedule 3 (including that provision as applied by any enactment) in relation to which notice is given in accordance with paragraph A27,

(g)land acquired wholly by means of expenditure incurred for the purposes of any of the schools comprising the group for which the body acts and treated by the local education authority as expenditure of a capital nature, or

(h)land acquired wholly with the proceeds of disposal of any land acquired as mentioned in any of paragraphs (a) to (g).

(2)Sub-paragraph (1)(g) does not apply in the case of any expenditure incurred on or after the appointed day unless the authority—

(a)prepared an appropriate statement in relation to the expenditure, and

(b)sent a copy of the statement to the foundation body either before, or no later than 12 months after, the expenditure was incurred.

(3)An “appropriate statement” in relation to expenditure is a statement in writing which—

(a)contains details of the amount of the expenditure, the acquisition or works funded (or to be funded) by such expenditure, and the total cost (or estimated total cost) of that acquisition or those works, and

(b)indicates that the expenditure was being treated by the authority as expenditure of a capital nature.

A26(1)For the purposes of paragraph A23, land held, or held on trust, for the purposes of a foundation, voluntary or foundation special school by the trustees of the school is “publicly funded land” if it is—

(a)land acquired under section 60, 61 or 70 of the Education Act 1996,

(b)land acquired under any of the following—

  • paragraph 2 of Schedule 3;

  • paragraph 16 of Schedule 6 (including that provision as applied by any enactment);

  • paragraph 5(4B)(d) of this Schedule;

  • any regulations made under paragraph 5 of Schedule 8,

(c)land acquired under any of the following—

  • paragraph 4 or 9 of Schedule 3;

  • paragraph 20 of Schedule 6 (including that provision as applied by any enactment),

(d)land acquired under any of the following—

  • paragraph 8(5) of Schedule 8 to the Education Act 2002;

  • paragraph 14(5) of Schedule 10 to the Education Act 2005;

  • paragraph 28(2) or 31(1) of Schedule 2 to the Education and Inspections Act 2006 (including that provision as applied by any enactment);

  • any regulations made under section 24 of that Act by virtue of subsection (3)(b) of that section,

(e)land acquired wholly by means of expenditure incurred on or after the appointed day for the purposes of the school and treated by the local education authority as expenditure of a capital nature,

(f)land acquired from the Funding Agency for Schools,

(g)land acquired wholly by means of—

(i)any maintenance, special purpose or capital grant (within the meaning of Chapter 6 of Part 3 of the Education Act 1996),

(ii)any grant paid under section 216(2) of that Act, or

(iii)any grant paid under any regulations made under paragraph 4 of Schedule 32 to this Act other than a grant paid under such regulations to the governing body of a voluntary aided school,

(h)land acquired wholly or partly by means of any grant made on or after 1st April 2007 by the Secretary of State under paragraph 5 of Schedule 3 (including that provision as applied by any enactment) in relation to which notice is given in accordance with paragraph A27,

(i)land acquired wholly with the proceeds of disposal of any land acquired as mentioned in any of paragraphs (f) to (h), or

(j)land acquired wholly by means of any grant made in pursuance of a special agreement (as defined by section 32(5) of the Education Act 1996).

(2)For the purposes of paragraph A23, land held, or held on trust, for the purposes of a foundation or foundation special school by the trustees of the school is also “publicly funded land” if it is—

(a)land acquired by the trustees from the governing body of the school or of another foundation or foundation special school which was land—

(i)acquired by the governing body under a transfer under section 201(1)(a) of the Education Act 1996,

(ii)acquired by the governing body under any of the provisions mentioned in sub-paragraph (1)(b) or under paragraph 8A of this Schedule, or

(iii)acquired by the governing body wholly with the proceeds of disposal of land acquired as mentioned in sub-paragraph (i) or (ii), or

(b)land acquired wholly with the proceeds of disposal of any land acquired as mentioned in sub-paragraph (1)(b).

(3)For the purposes of paragraph A23, land held, or held on trust, for the purposes of a voluntary school by the trustees of the school is also “publicly funded land” if it is—

(a)land acquired by the governing body of the school—

(i)under a transfer under section 201(1)(a) of the Education Act 1996, or

(ii)wholly with the proceeds of disposal of any land so acquired,

and transferred by the governing body to be held on trust by the trustees, or

(b)in the case of a school to which sub-paragraph (4) applies, land acquired wholly by means of expenditure incurred under section 63 or 64 of the Education Act 1996.

(4)This sub-paragraph applies to a voluntary aided school which was, immediately before the appointed day, a controlled school within the meaning of the Education Act 1996.

(5)Land held, or held on trust, for the purposes of a foundation, voluntary or foundation special school by the trustees of the school is not “publicly funded land” for the purposes of paragraph A23 if it is—

(a)land acquired under section 60 or 61 of the Education Act 1996, or

(b)land acquired under paragraph 2 or 4 of Schedule 3 to this Act,

by the trustees of an institution which is, or has at any time been, within the further education sector (as defined by section 4(3) of the Education Act 1996).

(6)Sub-paragraph (1)(e) does not apply in the case of any expenditure unless the authority—

(a)prepared an appropriate statement in relation to the expenditure, and

(b)sent a copy of the statement to the trustees either before, or no later than 12 months after, the expenditure was incurred.

(7)An “appropriate statement” in relation to expenditure is a statement in writing which—

(a)contains details of the amount of the expenditure, the acquisition or works funded (or to be funded) by such expenditure, and the total cost (or estimated total cost) of that acquisition or those works, and

(b)indicates that the expenditure was being treated by the authority as expenditure of a capital nature.

Notice in relation to grants under paragraph 5 of Schedule 3

A27(1)Where a grant is made on or after 1st April 2007 by the Secretary of State under paragraph 5 of Schedule 3 (including that provision as applied by any enactment), the Secretary of State may within the relevant period give the body or other persons to whom the grant is made notice that—

(a)any land acquired, or enhanced in value, wholly or partly by means of the grant is land falling within paragraph A1(1)(g), A7(1)(f) and A13(1)(j), and

(b)any land acquired wholly or partly by means of the grant is land falling within paragraph A24(1)(g), A25(1)(f) and A26(1)(h).

(2)The “relevant period” means the period of 6 months beginning with the date upon which the grant is made.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I83Sch. 4 para. 2 in force at 25.5.2007 by S.I. 2007/935, art. 7(p)

3In the heading to Part 1 of the Schedule after “SCHOOLS” insert “ IN WALES ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I84Sch. 4 para. 3 in force at 25.5.2007 by S.I. 2007/935, art. 7(p) (with art. 8(5))

4(1)Paragraph 1 is amended as follows.E+W

(2)In sub-paragraph (1)—

(a)after “foundation special school” insert “ in Wales ”, and

(b)omit paragraph (c).

(3)In sub-paragraph (1A)(b) for “falling within section 21(1)(a)” substitute “ established otherwise than under this Act ”.

(4)In sub-paragraphs (2) and (3) for “Secretary of State” substitute “ Assembly ”.

(5)In sub-paragraph (3)—

(a)for “his” substitute “ its ”,

(b)for “he”, wherever occurring, substitute “ the Assembly ”, and

(c)for “him” substitute “ the Assembly ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I85Sch. 4 para. 4 in force at 25.5.2007 by S.I. 2007/935, art. 7(p) (with art. 8(5))

5(1)Paragraph 2 is amended as follows.E+W

(2)In sub-paragraph (1)—

(a)after “by a foundation body” insert “ in Wales ”,

(b)in paragraph (a) omit the words from “or acquired” to the end, and

(c)in paragraph (d) for “Secretary of State” substitute “ Assembly ”.

(3)After that sub-paragraph insert—

(1A)A “foundation body in Wales” means a foundation body where each of the schools comprising the group of schools for which the foundation body acts is maintained by a local education authority in Wales.

(4)In sub-paragraphs (2) and (3) for “Secretary of State” substitute “ Assembly ”.

(5)In sub-paragraph (3)—

(a)for “his” substitute “ its ”, and

(b)for “he”, wherever occurring, substitute “ the Assembly ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I86Sch. 4 para. 5 in force at 25.5.2007 by S.I. 2007/935, art. 7(p) (with art. 8(5))

6(1)Paragraph 2A is amended as follows.E+W

(2)In sub-paragraph (1) after “trustees of a foundation or foundation special school” insert “ in Wales ”.

(3)In sub-paragraphs (3) and (4) for “Secretary of State” substitute “ Assembly ”.

(4)In sub-paragraph (4)—

(a)for “his” substitute “ its ”, and

(b)for “he”, wherever occurring, substitute “ the Assembly ”.

(5)In sub-paragraph (6) after “foundation special school” insert “ in Wales ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I87Sch. 4 para. 6 in force at 25.5.2007 by S.I. 2007/935, art. 7(p) (with art. 8(5))

7(1)Paragraph 3 is amended as follows.E+W

(2)In sub-paragraph (1)—

(a)after “foundation special school” insert “ in Wales ”,

(b)in paragraph (a) omit the words from “or acquired” to the end,

(c)omit paragraph (d), and

(d)in paragraph (f) omit “(d) or”.

(3)In sub-paragraph (2) after “voluntary aided school” insert “ in Wales ”.

(4)In sub-paragraphs (3) and (4) for “Secretary of State” substitute “ Assembly ”.

(5)In sub-paragraph (8) omit “(d),”.

(6)In sub-paragraph (9)—

(a)for “Secretary of State”, wherever occurring, substitute “ Assembly ”, and

(b)for “he” substitute “ the Assembly ”.

(7)In sub-paragraph (12) after “foundation special school” insert “ in Wales ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I88Sch. 4 para. 7 in force at 25.5.2007 by S.I. 2007/935, art. 7(p) (with art. 8(5))

8(1)Paragraph 4 is amended as follows.E+W

(2)In sub-paragraph (1)—

(a)after “local education authority” insert “ in Wales ”, and

(b)for “Secretary of State” substitute “ Assembly ”.

(3)In sub-paragraph (2)—

(a)for “Secretary of State” substitute “ Assembly ”, and

(b)for “he” substitute “ the Assembly ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I89Sch. 4 para. 8 in force at 25.5.2007 by S.I. 2007/935, art. 7(p) (with art. 8(5))

9(1)Paragraph 5 is amended as follows.E+W

(2)In sub-paragraph (1)(b)—

(a)for “Secretary of State” substitute “ appropriate authority ”, and

(b)for sub-paragraphs (i) and (ii) substitute—

(i)under section 19(1) requiring a foundation, voluntary or foundation special school in Wales to be discontinued,

(ii)under section 32(1) requiring a foundation special school in Wales to be discontinued,

(iii)under section 68(1) of the Education and Inspections Act 2006 requiring a foundation, voluntary or foundation special school in England to be discontinued, or

(iv)under section 17(1) of that Act requiring a foundation special school in England to be discontinued.

(3)In sub-paragraph (2) for the words from “Secretary of State” to the end substitute appropriate authority for it to exercise its powers under sub-paragraph (4) below in relation to—

(a)if the school is in England, any land falling within paragraphs (a) to (i) of paragraph A1(1) other than land falling within sub-paragraph (2A), or

(b)if the school is in Wales, any land falling within paragraphs (a) to (f) of paragraph 1(1),

which is held by the body for the purposes of the school.

(4)After sub-paragraph (2) insert—

(2A)Land falls within this sub-paragraph if it is—

(a)land falling within paragraph (g) of paragraph A1(1) by virtue of being land enhanced in value as mentioned in that paragraph, or

(b)land falling within paragraph (i) of paragraph A1(1) by virtue of being land acquired, or enhanced in value, wholly or partly with the proceeds of disposal of any land falling within paragraph (a) above.

(2B)If the school is in England and the governing body dispose of any land falling within sub-paragraph (2A) which is held by them for the purposes of the school, paragraph A1 shall apply to them.

(5)In sub-paragraph (3) for the words from “Secretary of State” to the end substitute appropriate authority for it to exercise its powers under sub-paragraph (4) below in relation to—

(a)if the school is in England, any land falling within paragraphs (a) to (h) of paragraph A7(1) other than land falling within sub-paragraph (3A), or

(b)if the school is in Wales, any land falling within paragraphs (a) to (f) of paragraph 2(1),

which is held by the body for the purposes of the schools comprising the group.

(6)After sub-paragraph (3) insert—

(3A)Land falls within this sub-paragraph if it is—

(a)land falling within paragraph (f) of paragraph A7(1) by virtue of being land enhanced in value as mentioned in that paragraph, or

(b)land falling within paragraph (h) of paragraph A7(1) by virtue of being land acquired, or enhanced in value, wholly or partly with the proceeds of disposal of any land falling within paragraph (a) above.

(3B)If the school is in England and the foundation body disposes of any land falling within sub-paragraph (3A) which is held by it for the purposes of the schools comprising the group, paragraph A7 shall apply to it.

(7)In sub-paragraph (4)—

(a)for “Secretary of State” substitute “ appropriate authority ”,

(b)for paragraph (a) substitute—

(a)require the land or any part of the land to be transferred to such local authority as the appropriate authority may specify, subject to the payment by that local authority of such sum by way of consideration (if any) as the appropriate authority determines to be appropriate;,

(c)in paragraph (b) for “him” and “he” substitute “ the appropriate authority ”, and

(d)in paragraph (c) for “he” substitute “ the appropriate authority ”.

(8)After sub-paragraph (4) insert—

(4ZA)Where the school is in England, the trustees of the school shall apply to the appropriate authority for it to exercise its powers under sub-paragraph (4B) in relation to any land falling within paragraph A13(1), (2) or (3), other than land falling within sub-paragraph (4ZB), which is held by the trustees for the purposes of the school.

(4ZB)Land falls within this sub-paragraph if it is—

(a)land falling within paragraph (j) of paragraph A13(1) by virtue of being land enhanced in value as mentioned in that paragraph, or

(b)land falling within paragraph (k) of paragraph A13(1) by virtue of being land acquired, or enhanced in value, wholly or partly with the proceeds of disposal of any land falling within paragraph (a) above.

(9)In sub-paragraph (4A)—

(a)after “Where the school” insert “ is in Wales and ”, and

(b)for “Secretary of State for him to exercise his” substitute “ appropriate authority for it to exercise its ”.

(10)In sub-paragraph (4B)—

(a)after “under sub-paragraph” insert “ (4ZA) or ”,

(b)for “Secretary of State” substitute “ appropriate authority ”,

(c)for paragraph (a) substitute—

(a)require the land or any part of the land to be transferred to such local authority as the appropriate authority may specify, subject to the payment by that local authority of such sum by way of consideration (if any) as the appropriate authority determines to be appropriate;,

(d)in paragraph (b) for the words from “for the purposes of another” to the end substitute

(i)in the case of a school in England, for the purposes of another foundation, voluntary or foundation special school, or

(ii)in the case of a school in Wales, for the purposes of another foundation or foundation special school or for the purposes of a voluntary school,

direct the trustees to exercise that power in such manner as the appropriate authority may specify; ,

(e)in paragraph (c) after “sub-paragraph” insert “ (4ZA) or, as the case may be, ”, and

(f)in paragraphs (c) and (d) for “he”, wherever occurring, substitute “ the appropriate authority ”.

(11)In sub-paragraph (5)—

(a)after “(3)” insert “ , (4ZA) ”, and

(b)for “Secretary of State” substitute “ appropriate authority ”.

(12)After that sub-paragraph insert—

(5A)Where the school is in England and the trustees of the school—

(a)dispose of any land falling within sub-paragraph (4ZB), or

(b)wish to use any such land for purposes not connected with the provision of education in maintained schools,

paragraph A13 shall apply to them.

(13)In sub-paragraph (6) after “Where” insert “ the school is in Wales and ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I90Sch. 4 para. 9 in force at 25.5.2007 by S.I. 2007/935, art. 7(p)

10(1)Paragraph 6 is amended as follows.E+W

(2)In sub-paragraph (1) for “Secretary of State's” substitute “ appropriate authority's ”.

(3)In sub-paragraph (2)—

(a)for “Secretary of State” substitute “ appropriate authority ”,

(b)for “he”, wherever occurring, substitute “ the appropriate authority ”,

(c)for “the authority”, wherever occurring, substitute “ the local education authority ”, and

(d)for “him” substitute “ the appropriate authority ”.

(4)After sub-paragraph (3) insert—

(3A)Where the school is in England and the trustees of the school—

(a)dispose of any land falling within paragraph A13(1), (2) or (3), or

(b)wish to use any such land for purposes not connected with the provision of education in maintained schools,

paragraph A13 shall apply to them.

(5)In sub-paragraph (4) after “Where” insert “ the school is in Wales and ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I91Sch. 4 para. 10 in force at 25.5.2007 by S.I. 2007/935, art. 7(p)

11In paragraph 7, in sub-paragraphs (2)(ii), (3)(c) and (6), for “Secretary of State” substitute “ appropriate authority ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I92Sch. 4 para. 11 in force at 25.5.2007 by S.I. 2007/935, art. 7(p)

12In paragraph 8(2)—

(a)for “Secretary of State” substitute “ appropriate authority ”,

(b)for “he”, wherever occurring, substitute “ the appropriate authority ”,

(c)for “him” substitute “ the appropriate authority ”, and

(d)for “the authority”, wherever occurring, substitute “ the local education authority ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I93Sch. 4 para. 12 in force at 25.5.2007 by S.I. 2007/935, art. 7(p)

13After paragraph 8 insert—

Part 2A E+WMaintained school: transfer of land from trustee to governing body

8A(1)This paragraph applies where the trustee of one or more foundation or foundation special schools to which section 23A (requirements as to foundations) applies is a body corporate.

(2)Where—

(a)the body corporate has under any enactment passed a resolution for its winding up,

(b)a court has made an order for the winding up of the body corporate,

(c)the body corporate has been removed under subsection (4) of section 3 of the Charities Act 1993 from the register of charities kept under that section, or

(d)prescribed conditions relating to the ability of the body corporate to pay its debts or to its continued existence as a body corporate or as a charity are met,

the Secretary of State may make an order under this paragraph.

(3)Conditions may be prescribed under sub-paragraph (2)(d) by reference to the opinion of the Secretary of State as to any prescribed matter.

(4)An order under this paragraph is an order directing that any land falling within paragraph A13(1)(b) or (2) held by the body corporate on trust for one or more foundation or foundation special schools to which section 23A applies is to be transferred to, and by virtue of the order vest in—

(a)the governing body of the school, or

(b)where the land is held on trust for two or more schools, such of the governing bodies of the schools as the Secretary of State thinks proper.

(5)In a case where—

(a)proposals to establish a new foundation or foundation special school fall to be implemented under Schedule 2 to the Education and Inspections Act 2006, and

(b)the local education authority have before the school opening date transferred land to be held on trust for the school,

references in this paragraph to a foundation or foundation special school include references to a proposed such school, references to a governing body include references to a proposed governing body and for the purpose of sub-paragraph (1) section 23A is to be taken to apply to the proposed school if it would apply to the school when it is established.

(6)In this paragraph—

  • charity” has the same meaning as in the Charities Act 1993;

  • foundation” means a foundation established otherwise than under this Act.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I94Sch. 4 para. 13 in force at 25.5.2007 by S.I. 2007/935, art. 7(p)

14In paragraph 9(1)—

(a)after “paragraph” insert “ A5, A11, A17, A23, ”, and

(b)for “or 8(2)(b)” substitute “ , 8(2)(b) or 8A ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I95Sch. 4 para. 14 in force at 25.5.2007 by S.I. 2007/935, art. 7(p)

15(1)Paragraph 10 is amended as follows.E+W

(2)In sub-paragraph (1) after paragraph (d) insert—

(e)the appropriate authority” means—

(i)in relation to a school in England, the Secretary of State, and

(ii)in relation to a school in Wales, the Assembly.

(3)In sub-paragraph (3) after “paragraphs” insert “ A1(1), A13(1), (2) or (3)(a), A24 to A26, ”.

(4)In sub-paragraph (4) after “paragraphs” insert “ A1(1), A13(1), ”.

(5)In sub-paragraph (5) for “paragraph 1(1)” substitute “ paragraphs A1(1) and 1(1) ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I96Sch. 4 para. 15 in force at 25.5.2007 by S.I. 2007/935, art. 7(p)

16(1)Paragraph 11 is amended as follows.E+W

(2)For paragraph (a) of sub-paragraph (1) substitute—

(a)subject to sub-paragraph (7), “capital expenditure” means expenditure of the governing body in question which falls to be capitalised in accordance with proper accounting practices;.

(3)In paragraph (b) of that sub-paragraph for “that Order” substitute “ the Regulatory Reform (Voluntary Aided Schools Liabilities and Funding) (England) Order 2002 ”.

(4)In sub-paragraph (4) for the words from “, either by agreement” to the end substitute

(a)by agreement between the authority and the relevant body, or

(b)by the adjudicator where—

(i)the authority or the relevant body refer the matter to him for determination, and

(ii)by the time of his determination, the matter has not been determined by agreement between the authority and the relevant body.

(5)After sub-paragraph (4) insert—

(4A)In determining whether to make a reference to the adjudicator under sub-paragraph (4)(b), the authority or, as the case may be, the relevant body, must have regard, in particular, to any guidance given from time to time by the Secretary of State.

(4B)Before making a reference to the adjudicator under sub-paragraph (4)(b), the authority or, as the case may be, the relevant body, must give the other notice of their intention to make the reference.

(6)In sub-paragraph (5)—

(a)for “Secretary of State” substitute “ adjudicator ”, and

(b)after “particular” insert “ to any guidance given from time to time by the Secretary of State and ”.

(7)After sub-paragraph (5) insert—

(5A)A determination made by the adjudicator on a reference made to him under sub-paragraph (4)(b) may be varied or revoked by a further determination made by him if—

(a)the matter is referred to him by the local education authority or the relevant body, and

(b)before making the further determination, the adjudicator consults such persons as he considers appropriate.

(5B)In determining whether to make a reference to the adjudicator under sub-paragraph (5A)(a), the local education authority or the relevant body must have regard, in particular, to any guidance given from time to time by the Secretary of State.

(5C)Sub-paragraph (5) applies in relation to the further determination of any matter by the adjudicator, by virtue of sub-paragraph (5A), as it applies in relation to the original determination of the matter.

(8)After sub-paragraph (6) insert—

(7)The Secretary of State may—

(a)by regulations prescribe classes or descriptions of expenditure which are to be treated for the purposes of this paragraph as being, or as not being, capital expenditure of any governing body or of any prescribed class or description of governing body;

(b)by direction provide that expenditure of a particular governing body which is expenditure of a particular class or description is to be treated for the purposes of this paragraph as being, or as not being, capital expenditure of that body.

(8)Directions under sub-paragraph (7)(b) may be expressed to have effect in specified circumstances or subject to specified conditions.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I97Sch. 4 para. 16 in force at 25.5.2007 by S.I. 2007/935, art. 7(p)

17After paragraph 11 insert—

12(1)For the purposes of paragraph 11(1)(a), “proper accounting practices”, in relation to a governing body, means those accounting practices—

(a)which, whether by virtue of any enactment or by reference to any generally recognised published code or otherwise, are regarded as proper accounting practices to be followed in the keeping of accounts by the governing body, or

(b)which, whether by virtue of any enactment or by reference to any generally recognised published code or otherwise, are regarded as proper accounting practices to be followed in the keeping of accounts by the local education authority.

(2)In the event of conflict between the accounting practices falling within paragraph (a) of sub-paragraph (1) and those falling within paragraph (b) of that sub-paragraph, only those falling within paragraph (a) are to be regarded as proper accounting practices.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I98Sch. 4 para. 17 in force at 25.5.2007 by S.I. 2007/935, art. 7(p)

Part 2 E+WAmendments to section 77 of SSFA 1998

18(1)Section 77 of SSFA 1998 (control of disposals or changes of use of school playing fields in relation to England) is amended as follows.E+W

(2)In subsection (1)—

(a)for “Except” substitute “ Subject to subsections (2A) and (2B), except ”, and

(b)after “a body” insert “ or trustees ”.

(3)For subsection (2) substitute—

(2)Subsection (1) applies to—

(a)a local authority;

(b)the governing body of a maintained school;

(c)a foundation body;

(d)the trustees of a foundation, voluntary or foundation special school.

(4)After subsection (2) insert—

(2A)Subsection (1) applies in the case of a disposal by the trustees of a foundation, voluntary or foundation special school, only if the disposal is of land falling within paragraph A13(1), (2) or (3) of Schedule 22.

(2B)Subsection (1) does not apply—

(a)to a disposal in pursuance of a transfer order under paragraph A23 of that Schedule, or

(b)to a disposal to which paragraph 5 or 6 of Schedule 22 (disposals on discontinuance) applies.

(5)In subsection (3)—

(a)for “Except” substitute “ Subject to subsections (4) and (4A), except ”,

(b)for “a local authority” substitute “ a body or trustees to whom subsection (1) applies ”, and

(c)for “falling within subsection (1)” substitute “ which falls within subsection (1) or is excluded from that subsection by subsection (2B)(a) or (b) ”.

(6)In subsection (4) omit “by a local authority”.

(7)After subsection (4) insert—

(4A)Subsection (3) applies in relation to the trustees of a foundation, voluntary or foundation special school only if the playing fields in question are land falling within paragraph A13(1), (2) or (3) of Schedule 22.

(8)In subsection (7), at the appropriate place, insert—

maintained school” includes a maintained nursery school;.

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Commencement Information

I99Sch. 4 para. 18 in force at 25.5.2007 by S.I. 2007/935, art. 7(p)

Part 3 E+WConsequential amendments

19In section 75(2) of SSFA 1998 (transfer of land by governing body to trustees) after “Paragraph” insert “ A1 or ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I100Sch. 4 para. 19 in force at 25.5.2007 by S.I. 2007/935, art. 7(p)

F520. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Commencement Information

I101Sch. 4 para. 20 in force at 25.5.2007 by S.I. 2007/935, art. 7(p)

21In section 138 of SSFA 1998 (orders and regulations), in subsection (2)(b) (orders not made by statutory instrument), for “or 7(3)(c)” substitute “ , 7(3)(c) or 8A ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I102Sch. 4 para. 21 in force at 25.5.2007 by S.I. 2007/935, art. 7(p)

22In Schedule 3 to SSFA 1998 (funding of foundation, voluntary and foundation special schools), in paragraph 2, in sub-paragraph (10), after “paragraphs” insert “ A1 to A16 or ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I103Sch. 4 para. 22 in force at 25.5.2007 by S.I. 2007/935, art. 7(p)

23In Schedule 32 to SSFA 1998 (transitional provisions and savings), in paragraph 4(4)—

(a)in paragraph (a) for “paragraph 1(1)(d)” substitute “ paragraphs A1(1)(f) and 1(1)(d) ”,

(b)in paragraph (b) for “paragraph 2(1)(d)” substitute “ paragraphs A7(1)(e) and 2(1)(d) ”, and

(c)in paragraph (c) for “paragraph 3(1)(e)” substitute “ paragraphs A13(1)(g) and 3(1)(e) ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I104Sch. 4 para. 23 in force at 25.5.2007 by S.I. 2007/935, art. 7(p)

Section 57

SCHEDULE 5E+WFunding of maintained schools

1In section 17(6) of SSFA 1998 (power of LEA to suspend right to delegated budget), omit the words from “but” onwards.

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Commencement Information

I105Sch. 5 para. 1 in force at 8.2.2007 for E. by S.I. 2006/3400, art. 4(c)

I106Sch. 5 para. 1 in force at 2.4.2010 for W. by S.I. 2010/736, art. 3(c)

2(1)Section 47A of SSFA 1998 (schools forums) is amended as follows.E+W

(2)In subsection (3)(b), for the words from “function” to the end substitute “ other function that may be imposed on the schools forum by or under this Chapter ”.

(3)Omit subsection (6) (which enables regulations under subsection (5) of that section to enable the Secretary of State or the Assembly to remove a non-schools member from membership of a schools forum).

(4)For subsection (9) substitute—

(9)In this section “relevant authority”, in relation to a schools forum, means the local education authority by whom the forum is established.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I107Sch. 5 para. 2 in force at 8.2.2007 for E. by S.I. 2006/3400, art. 4(c)

I108Sch. 5 para. 2 in force at 2.4.2010 for W. by S.I. 2010/736, art. 3(c)

3(1)Section 48 of SSFA 1998 (local education authorities' financial schemes) is amended as follows.E+W

(2)In subsection (1), for “prepare” substitute “ maintain ”.

(3)In subsection (3), for “prepared” substitute “ maintained ”.

(4)In subsection (4), omit the words from “the approval” to “and for”.

(5)In subsection (5), for the words from “the scheme prepared” to the end substitute “ the scheme for the time being maintained under this section ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I109Sch. 5 para. 3 in force at 8.2.2007 for E. by S.I. 2006/3400, art. 4(c)

I110Sch. 5 para. 3 in force at 15.3.2010 for specified purposes for W. by S.I. 2010/736, art. 2(b) (with art. 4)

I111Sch. 5 para. 3 in force at 2.4.2010 for W. in so far as not already in force by S.I. 2010/736, art. 3(c) (with art. 4)

4In section 49 of SSFA 1998 (maintained schools to have delegated budgets) for subsections (2) and (3) substitute—

(2)A new school shall have a delegated budget from a date determined in accordance with regulations.

(2A)Regulations under subsection (2) may—

(a)enable the date that would otherwise apply by virtue of the regulations to be varied in accordance with the regulations, on the application of the local education authority, by the authority's schools forum or by the Secretary of State, and

(b)make provision about the respective powers of the schools forum and the Secretary of State in relation to any application to vary that date.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I112Sch. 5 para. 4 in force at 8.2.2007 for E. by S.I. 2006/3400, art. 4(c)

I113Sch. 5 para. 4 in force at 15.3.2010 for specified purposes for W. by S.I. 2010/736, art. 2(b) (with art. 4)

I114Sch. 5 para. 4 in force at 2.4.2010 for W. in so far as not already in force by S.I. 2010/736, art. 3(c) (with art. 4)

5(1)Schedule 14 to SSFA 1998 (approval, imposition and revision of local education authority schemes) is amended as follows.E+W

(2)For the heading substitute “ REVISION OF LOCAL EDUCATION AUTHORITY SCHEMES ”.

(3)For the italic heading immediately before paragraph 1 substitute “ Publication of schemes ”.

(4)In paragraph 1—

(a)omit sub-paragraphs (1) to (6), and

(b)for sub-paragraph (7) substitute—

(7)A scheme maintained by a local education authority under section 48(1) shall be published in such manner as may be prescribed—

(a)on its coming into force as revised under this Schedule, and

(b)on such other occasions as may be prescribed.

(5)For paragraph 2 substitute—

2A(1)A local education authority may, in accordance with this paragraph, revise the whole or part of the scheme maintained by them under section 48(1).

(2)In revising the scheme, the local education authority shall take into account any guidance given by the Secretary of State, whether—

(a)generally, or

(b)in relation to that authority or any class or description of local education authorities to which that authority belongs,

as to the provisions the Secretary of State regards as appropriate for inclusion in the scheme.

(3)As regards any proposed variation of the scheme, the authority—

(a)shall first consult the governing body and head teacher of every school maintained by the authority (within the meaning of this Chapter), and

(b)shall then submit a copy of their proposals to the authority's schools forum for their approval.

2B(1)Regulations may make provision preventing schemes as revised from coming into force unless they are approved in accordance with the regulations by the local education authority's schools forum or by the Secretary of State.

(2)The regulations may in particular—

(a)prescribe circumstances in which proposals which have been submitted to a local education authority's schools forum may be submitted to the Secretary of State,

(b)enable the schools forum or the Secretary of State to approve proposals with modifications, and

(c)enable the schools forum or the Secretary of State, in giving their or his approval, to specify the date on which the scheme as revised is to come into force.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I115Sch. 5 para. 5 in force at 8.2.2007 for E. by S.I. 2006/3400, art. 4(c)

I116Sch. 5 para. 5 in force at 15.3.2010 for specified purposes for W. by S.I. 2010/736, art. 2(b) (with art. 4)

I117Sch. 5 para. 5 in force at 2.4.2010 for W. in so far as not already in force by S.I. 2010/736, art. 3(c) (with art. 4)

6In Schedule 15 to SSFA 1998 (suspension of financial delegation), the following provisions (which confer on the governing body a right to appeal to the Secretary of State or the Assembly or relate to that right of appeal) are omitted—

(a)paragraph 1(4) and (6),

(b)paragraph 2(5), and

(c)paragraph 3.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I118Sch. 5 para. 6 in force at 8.2.2007 for E. by S.I. 2006/3400, art. 4(c)

I119Sch. 5 para. 6 in force at 2.4.2010 for W. by S.I. 2010/736, art. 3(c)

Section 70

SCHEDULE 6E+WGoverning bodies consisting of interim executive members

Interpretation of ScheduleE+W

1(1)In this Schedule—E+W

  • the appropriate authority” means—

    (a)

    where this Schedule applies by virtue of a notice under section 65(1), the local education authority who gave the notice, and

    (b)

    where this Schedule applies by virtue of a notice under section 69(1), the Secretary of State;

  • existing governors”, in relation to a school in respect of which a notice under section 65(1) or 69(1) has been given, means the governors who hold office immediately before the governing body becomes constituted in accordance with this Schedule;

  • the interim period”, in relation to a school in respect of which a notice under section 65(1) or 69(1) has been given, means the period during which the governing body is constituted in accordance with this Schedule;

  • a normally constituted governing body” means a governing body constituted in accordance with regulations made by virtue of section 19 of EA 2002 (governing bodies).

(2)In this Schedule any reference to the discontinuance of a maintained school is a reference to the local education authority ceasing to maintain it.

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Commencement Information

I120Sch. 6 para. 1 in force at 1.4.2007 by S.I. 2007/935, art. 5(bb)

Governing body to consist of members appointed by appropriate authorityE+W

2(1)The governing body of the school shall consist of members appointed by the appropriate authority, instead of being constituted in accordance with regulations made by virtue of section 19 of EA 2002.E+W

(2)In the following provisions of this Schedule—

(a)the governing body as constituted in accordance with this Schedule is referred to as “the interim executive board”, and

(b)the members of the governing body as so constituted are referred to as “interim executive members”.

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Commencement Information

I121Sch. 6 para. 2 in force at 1.4.2007 by S.I. 2007/935, art. 5(bb)

Effect of notice under section 65(1) or 69(1)E+W

3(1)On the date specified in the notice under section 65(1) or 69(1), the existing governors vacate office.E+W

(2)Sub-paragraph (1) does not prevent the appointment of an existing governor as an interim executive member.

(3)During the interim period, any reference in any provision contained in, or made under, the Education Acts to a governor or foundation governor of a school has effect, in relation to the school, as a reference to an interim executive member.

(4)During the interim period, section 83 of SSFA 1998 (modification of provisions making governors of foundation or voluntary school ex officio trustees) has effect in relation to the school with the substitution for paragraphs (a) to (c) of a reference to the interim executive members.

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Commencement Information

I122Sch. 6 para. 3 in force at 1.4.2007 by S.I. 2007/935, art. 5(bb)

Interim executive membersE+W

4(1)The number of interim executive members must not be less than two.E+W

(2)The initial appointment of interim executive members must be made so as to take effect on the date specified in the relevant notice.

(3)The appropriate authority may appoint further interim executive members at any time during the interim period.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I123Sch. 6 para. 4 in force at 1.4.2007 by S.I. 2007/935, art. 5(bb)

5(1)Every appointment of an interim executive member must be made by an instrument in writing setting out the terms of his appointment.E+W

(2)An interim executive member—

(a)holds office in accordance with the terms of his appointment and subject to paragraph 18, and

(b)may at any time be removed from office by the appropriate authority for incapacity or misbehaviour.

(3)The terms of appointment of an interim executive member may provide for his appointment to be terminable by the appropriate authority by notice.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I124Sch. 6 para. 5 in force at 1.4.2007 by S.I. 2007/935, art. 5(bb)

Duty of appropriate authority to inform other personsE+W

6(1)The appropriate authority must give a copy of the notice under section 65(1) or 69(1) and of every instrument of appointment of an interim executive member—E+W

(a)to every interim executive member,

(b)to every existing governor of the school,

(c)where the local education authority are the appropriate authority, to the Secretary of State,

(d)where the Secretary of State is the appropriate authority, to the local education authority,

(e)in the case of a foundation or voluntary school which is a Church of England school or a Roman Catholic Church school, to the appropriate diocesan authority, and

(f)in the case of any other foundation or voluntary school, to the person or persons by whom the foundation governors are appointed.

(2)A failure to comply with sub-paragraph (1) does not invalidate the notice or appointment.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I125Sch. 6 para. 6 in force at 1.4.2007 by S.I. 2007/935, art. 5(bb)

Power to specify duration of interim periodE+W

7The appropriate authority may in the notice under section 65(1) or 69(1) specify the duration of the interim period.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I126Sch. 6 para. 7 in force at 1.4.2007 by S.I. 2007/935, art. 5(bb)

ChairmanE+W

8The appropriate authority may nominate one of the interim executive members to be chairman of the interim executive board.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I127Sch. 6 para. 8 in force at 1.4.2007 by S.I. 2007/935, art. 5(bb)

Remuneration and allowancesE+W

9The appropriate authority may pay to any interim executive member such remuneration and allowances as the appropriate authority may determine.

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Commencement Information

I128Sch. 6 para. 9 in force at 1.4.2007 by S.I. 2007/935, art. 5(bb)

Duty of interim executive boardE+W

10(1)During the interim period, the interim executive board shall conduct the school so as to secure, so far as is practicable to do so, the provision of a sound basis for future improvement in the conduct of the school.E+W

(2)Sub-paragraph (1) is without prejudice to the other duties of the interim executive board as governing body.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I129Sch. 6 para. 10 in force at 1.4.2007 by S.I. 2007/935, art. 5(bb)

Proceedings of interim executive boardE+W

11(1)The interim executive board may determine their own procedure.E+W

(2)The interim executive board may make such arrangements as they think fit for the discharge of their functions by any other person.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I130Sch. 6 para. 11 in force at 1.4.2007 by S.I. 2007/935, art. 5(bb)

Effect on suspension of delegated budgetE+W

12(1)If, immediately before the date specified in the notice under section 65(1) or 69(1), the school does not have a delegated budget, the suspension of the governing body's right to a delegated budget is by virtue of this sub-paragraph revoked with effect from that date.E+W

(2)If a notice under paragraph 1 of Schedule 15 to SSFA 1998 (suspension of delegated budget for mismanagement etc) has been given to the governing body before the date specified in a notice under section 65(1) or 69(1) but has not yet taken effect, the notice under that paragraph ceases to have effect on that date.

(3)During the interim period, the local education authority may not exercise the power conferred by section 66 (power to suspend right to delegated budget).

(4)Sub-paragraph (1) is to be construed in accordance with section 49(7) of SSFA 1998.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I131Sch. 6 para. 12 in force at 1.4.2007 by S.I. 2007/935, art. 5(bb)

Exclusion of certain statutory provisionsE+W

13(1)Regulations made by virtue of subsection (2) or (3) of section 19 of EA 2002 (governing bodies) shall not apply in relation to the interim executive board.E+W

(2)The instrument of government of the school shall not, so far as it relates to the constitution of the governing body, have effect in relation to the interim executive board.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I132Sch. 6 para. 13 in force at 1.4.2007 by S.I. 2007/935, art. 5(bb)

14During the interim period—

(a)the local education authority may not exercise any power conferred by section 64 (power to appoint additional governors), and

(b)the Secretary of State may not exercise any power conferred by section 67 (power to appoint additional governors).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I133Sch. 6 para. 14 in force at 1.4.2007 by S.I. 2007/935, art. 5(bb)

Closure of schoolE+W

15(1)At any time during the interim period, the interim executive board may, if they think fit, make a report to the local education authority and the Secretary of State recommending that the school be discontinued, and stating the reasons for that recommendation.E+W

(2)The interim executive board may not—

(a)publish under section 15(2) proposals to discontinue the school, or

(b)serve notice under section 30 of SSFA 1998.

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Commencement Information

I134Sch. 6 para. 15 in force at 1.4.2007 by S.I. 2007/935, art. 5(bb)

16(1)Where during the interim period—E+W

(a)the Secretary of State gives a direction under section 17(1) or 68(1) in relation to the school, or

(b)the local education authority determine to discontinue the school,

the interim period is to continue until the discontinuance date, even where it would otherwise end before that date.

(2)In this paragraph “the discontinuance date” means—

(a)the date on which proposals for discontinuing the school are implemented under Part 4 of Schedule 2,

(b)the date on which the school is discontinued under section 30 of SSFA 1998, or

(c)the date specified in the direction under section 17(1) or 68(1),

as the case may be.

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Commencement Information

I135Sch. 6 para. 16 in force at 1.4.2007 by S.I. 2007/935, art. 5(bb)

Notice of resumption of government by normally constituted governing bodyE+W

17(1)Where—E+W

(a)the notice under section 65(1) or 69(1) did not specify the duration of the interim period, and

(b)paragraph 16 does not apply,

the appropriate authority may give notice to the persons mentioned in sub-paragraph (2) specifying a date on which the governing body are to become a normally constituted governing body.

(2)The persons referred to in sub-paragraph (1) are—

(a)every interim executive member,

(b)where the local education authority are the appropriate authority, the Secretary of State,

(c)where the Secretary of State is the appropriate authority, the local education authority,

(d)in the case of a foundation or voluntary school which is a Church of England school or a Roman Catholic Church school, the appropriate diocesan authority, and

(e)in the case of any other foundation or voluntary school, the person or persons by whom the foundation governors are appointed.

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Commencement Information

I136Sch. 6 para. 17 in force at 1.4.2007 by S.I. 2007/935, art. 5(bb)

Time when interim executive members cease to hold officeE+W

18(1)The interim executive members vacate office—E+W

(a)in a case where paragraph 16 applies, on the discontinuance date within the meaning of that paragraph,

(b)in a case where that paragraph does not apply and the notice under section 65(1) or 69(1) specified the duration of the interim period, at the end of the specified period, and

(c)in any case, on the date specified under paragraph 17(1).

(2)Sub-paragraph (1) does not prevent the termination of the appointment of an interim executive member at any earlier time under paragraph 5(2)(b) or in accordance with the terms of his appointment.

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Commencement Information

I137Sch. 6 para. 18 in force at 1.4.2007 by S.I. 2007/935, art. 5(bb)

Establishment of normally constituted governing bodyE+W

19(1)Where interim executive members are to vacate office on the date referred to in paragraph 18(1)(b) or (c), the local education authority must make arrangements providing for the constitution of the governing body on and after that date.E+W

(2)The Secretary of State may by regulations make provision with respect to the transition from an interim executive board to a normally constituted governing body, and may in connection with that transition—

(a)modify any provision made under any of sections 19, 20 and 23 of EA 2002 or by Schedule 1 to that Act,

(b)apply any such provision with or without modifications, and

(c)make provision corresponding to or similar to any such provision.

(3)The provision that may be made by virtue of sub-paragraph (2) includes, in particular, provision enabling governors to be elected or appointed, and to exercise functions, before the end of the interim period.

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Commencement Information

I138Sch. 6 para. 19 in force at 1.4.2007 by S.I. 2007/935, art. 5(bb)

Section 71

SCHEDULE 7E+WAmendments relating to schools causing concern

Part 1 E+WPrincipal amendments

Statement to be prepared by LEA following adverse report on maintained schoolE+W

1(1)Section 15 of EA 2005 (measures to be taken by local education authority following inspection report stating that school requires special measures or significant improvement) is amended as follows.E+W

(2)In subsection (1), for “This section” substitute “ Subsection (2) ”.

(3)For subsection (2) substitute—

(2)The local education authority must—

(a)consider what action to take in the light of the report,

(b)consider what arrangements to make for the purpose of informing registered parents of the proposed action, ascertaining their views on the proposed action and taking account of those views,

(c)consider whether those arrangements are to include the appointment of a specified person for that purpose,

(d)prepare a written statement—

(i)of the action they propose to take, and the period within which they propose to take that action, or, if they do not propose to take such action, of their reasons for not doing so, and

(ii)of the arrangements they propose to make for the purpose mentioned in paragraph (b), and

(e)send a copy of the statement prepared under paragraph (d) to—

(i)the Chief Inspector,

(ii)in the case of a voluntary aided school, the person who appoints the foundation governors and (if different) the appropriate appointing authority, and

(iii)such other persons as the Secretary of State may specify.

(2A)Subsection (2B) applies where—

(a)the local education authority have prepared a statement under subsection (2) in relation to a school,

(b)it appears to the Secretary of State, on the basis of a report of an interim inspection of the school by the Chief Inspector, that the case has become urgent, and

(c)no subsequent inspection of the school has been made under section 5.

(2B)The Secretary of State may by notice require the local education authority to—

(a)consider the action to be taken in the light of the report of the interim inspection and the arrangements to be made for the purpose mentioned in subsection (2)(b),

(b)prepare a written statement—

(i)of the action they propose to take, and the period within which they propose to take that action, or, if they do not propose to take such action, of their reasons for not doing so, and

(ii)of the arrangements they propose to make for the purpose mentioned in subsection (2)(b), and

(c)send a copy of the statement to the Secretary of State and to the persons mentioned in subsection (2)(e)(i) to (iii).

(2C)For the purposes of subsections (2A) and (2B) an “interim inspection” is an inspection under section 8 in respect of which no election under section 9 is made.

(4)In subsection (3) for “the statement” substitute “ a statement under subsection (2) or (2B) ”.

(5)After subsection (3) insert—

(4)In performing their functions under subsections (2)(a), (b), (c) and (d) and (2B)(a) and (b), the local education authority must have regard to any guidance given from time to time by the Secretary of State.

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Commencement Information

I139Sch. 7 para. 1 in force at 1.4.2007 by S.I. 2007/935, art. 5(cc)

Statement to be prepared by proprietor following adverse report on non-maintained schoolE+W

2(1)Section 17 of EA 2005 (statement to be prepared by proprietor of school other than maintained school) is amended as follows.E+W

(2)In subsection (1)—

(a)at the beginning insert “ Subsection (1A) applies ”, and

(b)omit all the words following paragraph (b).

(3)After subsection (1) insert—

(1A)The proprietor must—

(a)consider what action to take in the light of the report,

(b)consider what arrangements to make for the purpose of informing registered parents of the proposed action, ascertaining their views on the proposed action and taking account of those views,

(c)consider whether those arrangements are to include the appointment of a specified person for that purpose, and

(d)prepare a written statement—

(i)of the action the proprietor proposes to take, and the period within which he proposes to take that action, or, if he does not propose to take such action, of his reasons for not doing so, and

(ii)of the arrangements he proposes to make for the purpose mentioned in paragraph (b).

(1B)Subsection (1C) applies where—

(a)the proprietor of a school has prepared a statement under subsection (1A) in relation to the school,

(b)it appears to the Secretary of State, on the basis of a report of an interim inspection of the school by the Chief Inspector, that the case has become urgent, and

(c)no subsequent inspection of the school has been made under section 5.

(1C)The Secretary of State may by notice require the proprietor to—

(a)consider the action to be taken in the light of the report of the interim inspection and the arrangements to be made for the purpose mentioned in subsection (1A)(b), and

(b)prepare a written statement—

(i)of the action the proprietor proposes to take, and the period within which he proposes to take that action, or, if he does not propose to take such action, of his reasons for not doing so, and

(ii)of the arrangements the proprietor proposes to make for the purpose mentioned in subsection (1A)(b)”.

(1D)For the purposes of subsections (1B) and (1C) an “interim inspection” is an inspection under section 8 in respect of which no election under section 9 is made.

(4)In subsection (3)—

(a)for “such a statement” substitute “ a statement under subsection (1A) or (1C) ”, and

(b)before the word “and” at the end of paragraph (a) insert—

(aa)in the case of a statement under subsection (1C), to the Secretary of State,.

(5)After subsection (4) insert—

(5)In performing his functions under subsections (1A)(a), (b), (c) and (d) and (1C)(a) and (b), the proprietor must have regard to any guidance given from time to time by the Secretary of State.

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Commencement Information

I140Sch. 7 para. 2 in force at 1.4.2007 by S.I. 2007/935, art. 5(cc)

Part 2 E+WMinor and consequential amendments

School Standards and Framework Act 1998 (c. 31)E+W

3In the heading to Chapter 4 of Part 1 of SSFA 1998 after “SCHOOLS” insert “ IN WALES ”.

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Commencement Information

I141Sch. 7 para. 3 in force at 1.4.2007 by S.I. 2007/935, art. 5(cc)

4(1)Section 14 of SSFA 1998 (powers of intervention exercisable by LEAs) is amended as follows.E+W

(2)In subsection (1) for “Secretary of State” substitute “ Assembly ”.

(3)Omit subsection (1A).

(4)In subsection (3)—

(a)in paragraph (a), for “Secretary of State” and “he” substitute respectively “ Assembly ” and “ its ”, and

(b)in paragraph (b), for “he” and “his” substitute respectively “ the Assembly ” and “ its ”.

(5)After subsection (3) insert—

(3A)In this Chapter “maintained school” means any school in Wales that is—

(a)a community, foundation or voluntary school,

(b)a community or foundation special school, or

(c)a maintained nursery school.

(6)In subsection (4)—

(a)for paragraph (a) substitute—

(a)Chief Inspector” means Her Majesty's Chief Inspector of Education and Training in Wales,, and

(b)omit paragraph (b).

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Commencement Information

I142Sch. 7 para. 4 in force at 1.4.2007 by S.I. 2007/935, art. 5(cc)

5(1)Section 15 of SSFA 1998 (cases where LEA may exercise powers of intervention) is amended as follows.E+W

(2)For subsection (4) substitute—

(4)This section applies to a maintained school by virtue of this subsection if—

(a)following an inspection of the school under Chapter 3 of Part 1 of the Education Act 2005, the Chief Inspector has given the Assembly a notice under subsection (2) of section 37 of that Act in a case falling within subsection (1)(a)(ii) or (b)(ii) of that section (school requiring significant improvement), and

(b)where any subsequent inspection of the school has been made under that Chapter, the notice has not been superseded by—

(i)the person making the subsequent inspection making a report stating that in his opinion the school no longer requires significant improvement, or

(ii)the Chief Inspector giving the Assembly a notice under subsection (2) of section 37 of that Act in case falling within subsection (1)(a)(i) or (1)(b)(i) of that section (school requiring special measures).

(3)For subsection (6) substitute—

(6)This section applies to a maintained school by virtue of this subsection if—

(a)following an inspection of the school under Chapter 3 of Part 1 of the Education Act 2005, the Chief Inspector has given the Assembly a notice under subsection (2) of section 37 of that Act in a case falling within subsection (1)(a)(i) or (b)(i) of that section (school requiring special measures), and

(b)where any subsequent inspection of the school has been made under that Chapter, the notice has not been superseded by the person making the subsequent inspection making a report stating that in his opinion the school no longer requires special measures.

(4)Omit subsection (7).

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Commencement Information

I143Sch. 7 para. 5 in force at 1.4.2007 by S.I. 2007/935, art. 5(cc) (with art. 8(1))

6(1)Section 16 of SSFA 1998 (power of LEA to appoint additional governors) is amended as follows.E+W

(2)In subsection (3)(a), omit “13(3)(a) or”.

(3)In subsection (9)—

(a)for “Secretary of State” (in both places) substitute “ Assembly ”, and

(b)in paragraph (a)—

(i)for “he” substitute “ it ”, and

(ii)omit “13(3)(a) or”.

(4)In subsection (12)(b) for “Secretary of State” substitute “ Assembly ”.

(5)In subsection (12A)—

(a)for “Secretary of State” substitute “ Assembly ”, and

(b)for “he” substitute “ the Assembly ”.

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Commencement Information

I144Sch. 7 para. 6 in force at 1.4.2007 by S.I. 2007/935, art. 5(cc) (with art. 8(2))

7(1)Section 16A of SSFA 1998 (power of LEA to provide for governing body to consist of interim executive members) is amended as follows.E+W

(2)In subsection (1), for “Secretary of State” substitute “ Assembly ”.

(3)In subsection (2)(a), omit “13(3)(a) or”.

(4)In subsection (3)—

(a)for “Secretary of State” substitute “ Assembly ”, and

(b)for “he” substitute “ the Assembly ”.

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Commencement Information

I145Sch. 7 para. 7 in force at 1.4.2007 by S.I. 2007/935, art. 5(cc) (with art. 8(3))

8(1)Section 17 of SSFA 1998 (power of LEA to suspend right to delegated budget) is amended as follows.E+W

(2)In subsection (3), omit “13(3)(a) or”.

(3)In subsection (4)—

(a)for “Secretary of State” substitute “ Assembly ”, and

(b)for “he” substitute “ the Assembly ”.

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Commencement Information

I146Sch. 7 para. 8 in force at 1.4.2007 by S.I. 2007/935, art. 5(cc) (with art. 8(4))

9In the italic heading immediately preceding section 18 of SSFA 1998, for “Secretary of State” substitute “ Assembly ”.

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Commencement Information

I147Sch. 7 para. 9 in force at 1.4.2007 by S.I. 2007/935, art. 5(cc)

10(1)Section 18 of SSFA 1998 (power of Secretary of State to appoint additional governors) is amended as follows.E+W

(2)For “the Secretary of State” and “he”, wherever occurring, substitute “ the Assembly ”.

(3)In subsection (6), for “his” substitute “ the Assembly's ”.

(4)In the heading, for “Secretary of State” substitute “ Assembly ”.

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Commencement Information

I148Sch. 7 para. 10 in force at 1.4.2007 by S.I. 2007/935, art. 5(cc)

11In section 18A of SSFA 1998 (power of Secretary of State to provide for governing body to consist of interim executive members) for “Secretary of State”, wherever occurring (in the section and its heading), substitute “ Assembly ”.

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Commencement Information

I149Sch. 7 para. 11 in force at 1.4.2007 by S.I. 2007/935, art. 5(cc)

12(1)Section 19 of SSFA 1998 (power of Secretary of State to direct closure of school) is amended as follows.E+W

(2)For “Secretary of State”, wherever occurring (in the section and its heading) substitute “ Assembly ”.

(3)In subsection (2), omit paragraph (ca).

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Commencement Information

I150Sch. 7 para. 12 in force at 1.4.2007 by S.I. 2007/935, art. 5(cc)

13In section 19A of SSFA 1998 (governing bodies consisting of interim executive members), in paragraph (b), for “Secretary of State” substitute “ Assembly ”.

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Commencement Information

I151Sch. 7 para. 13 in force at 1.4.2007 by S.I. 2007/935, art. 5(cc)

14(1)Section 62 of SSFA 1998 (LEA's reserve power to prevent a breakdown of discipline) is amended as follows.E+W

(2)In subsection (1), for “subsection (3)” substitute “ subsection (2A) or (3) ”.

(3)After subsection (2) insert—

(2A)This subsection applies where, in the case of a school in England—

(a)a warning notice has been given in accordance with section 60(2) of the Education and Inspections Act 2006 (“the 2006 Act”) referring to the safety of pupils or staff at the school being threatened by a breakdown of discipline at the school,

(b)the governing body have failed to comply, or secure compliance, with the notice to the authority's satisfaction within the compliance period, and

(c)the authority have given reasonable notice in writing to the governing body that they propose to exercise their powers under subsection (1) of this section (whether or not in conjunction with exercising their powers under any one or more of sections 63 to 66 of the 2006 Act);

and a notice under paragraph (c) of this subsection may be combined with a notice under section 60(2) of the 2006 Act.

(4)In subsection (3) after “applies where” insert “ in the case of school in Wales ”.

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Commencement Information

I152Sch. 7 para. 14 in force at 1.4.2007 by S.I. 2007/935, art. 5(cc)

15In section 142 of SSFA 1998 (interpretation), in subsection (4)—

(a)after “this Act” insert “ (or Part 4 of the Education and Inspections Act 2006) ”, and

(b)in paragraph (b), after “section 16(6) or (8)” insert “ or of section 64(4) or (6) of the Education and Inspections Act 2006 ”.

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Commencement Information

I153Sch. 7 para. 15 in force at 1.4.2007 by S.I. 2007/935, art. 5(cc)

16In section 143 of SSFA 1998 (index) in the entry beginning “maintained school”, after the line beginning “(generally)” insert—

(in Chapter 4 of Part 1)section 14(3A).
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Commencement Information

I154Sch. 7 para. 16 in force at 1.4.2007 by S.I. 2007/935, art. 5(cc)

17In Schedule 1A to SSFA 1998, for “Secretary of State” (wherever occurring) substitute “ Assembly ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I155Sch. 7 para. 17 in force at 1.4.2007 by S.I. 2007/935, art. 5(cc)

Learning and Skills Act 2000 (c. 21)E+W

18(1)Schedule 7 to the Learning and Skills Act 2000 (sixth forms requiring significant improvement) is amended as follows.E+W

(2)In paragraph 6(3)(a)(iii) for “section 15(2) and (3)” substitute “ section 15(2) to (4) ”.

(3)Omit paragraph 13.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I156Sch. 7 para. 18 in force at 1.4.2007 by S.I. 2007/935, art. 5(cc)

Education Act 2002 (c. 32)E+W

19In section 25 of EA 2002 (federations: supplementary provisions), in subsection (1)—

(a)before paragraph (a) insert—

(za)Part 4 of the Education and Inspections Act 2006 (schools causing concern: England),, and

(b)in paragraph (a), for “(intervention in schools causing concern)” substitute “ (intervention in schools causing concern: Wales) ”.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I157Sch. 7 para. 19 in force at 1.4.2007 by S.I. 2007/935, art. 5(cc)

20After section 62 of EA 2002 insert—

62APower to require LEA in England to obtain advisory services

(1)This section applies where—

(a)one or more schools maintained by a local education authority in England are for the purposes of Part 4 of the Education and Inspections Act 2006 (schools causing concern: England) eligible for intervention by virtue of either of the following provisions of that Act—

(i)section 61 (school requiring significant improvement), or

(ii)section 62 (school requiring special measures), and

(b)it appears to the Secretary of State that the local education authority—

(i)have not been effective or are unlikely to be effective in eliminating deficiencies in the conduct of that school or those schools,

(ii)are unlikely to be effective in eliminating deficiencies in the conduct of other schools which may in the future fall within paragraph (a), or

(iii)maintain a disproportionate number of schools falling within that paragraph.

(2)The Secretary of State may direct the local education authority to enter into a contract or other arrangement with a person specified in the direction, or a person falling within a class so specified, for the provision to the authority or the governing body of any school maintained by them (or both) of specified services of an advisory nature.

(3)The direction may require the contract or other arrangement to contain specified terms and conditions.

(4)In this section “school” means a community, foundation or voluntary school, a community or foundation special school or a maintained nursery school.

(5)Any direction given under this section shall be enforceable, on an application made on behalf of the Secretary of State, by a mandatory order.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I158Sch. 7 para. 20 in force at 1.4.2007 by S.I. 2007/935, art. 5(cc)

21(1)Section 63 of EA 2002 (power to require LEA to obtain advisory services) is amended as follows.E+W

(2)In subsection (1)—

(a)in paragraph (a), after “by a local education authority” insert “ in Wales ”, and

(b)in paragraph (b), for the words from “Secretary” to “Wales)” substitute “ National Assembly for Wales ”.

(3)In subsection (2), for the words from the beginning to “Wales)” substitute “ The National Assembly for Wales ”.

(4)In subsection (5), omit “of the Secretary of State or, as the case may be,”.

(5)In the heading, after “LEA” insert “ in Wales ”

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I159Sch. 7 para. 21 in force at 1.4.2007 by S.I. 2007/935, art. 5(cc)

22(1)Section 64 (provisions supplementary to section 63) is amended as follows.E+W

(2)In subsections (1) and (2), for “section 63” substitute “ section 62A or 63 ”.

(3)In subsection (7)—

(a)in the definition of “the advisory services” for “section 63” substitute “ section 62A or 63 ”, and

(b)in the definition of “the relevant person”, in paragraph (a) for “section 63(2)” substitute “ section 62A(2) or 63(2) ”.

(4)In the heading, for “section 63” substitute “ sections 62A and 63 ”.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I160Sch. 7 para. 22 in force at 1.4.2007 by S.I. 2007/935, art. 5(cc)

Education Act 2005 (c. 18)E+W

23In section 5 of EA 2005 (duty to inspect schools at prescribed intervals), in subsection (4)(c), for “section 19 or 32 of that Act” substitute “ section 17 or 68 of the Education and Inspections Act 2006 ”.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I161Sch. 7 para. 23 in force at 1.4.2007 by S.I. 2007/935, art. 5(cc)

24In section 18 of EA 2005 (interpretation of Chapter 2 of Part 1), in paragraph (a) of the definition of “appropriate appointing authority”, omit “, a Church in Wales school”.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I162Sch. 7 para. 24 in force at 1.4.2007 by S.I. 2007/935, art. 5(cc)

Section 77

SCHEDULE 8E+WTravel to schools etc: meaning of “eligible child”

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I163Sch. 8 in force at 1.9.2007 for specified purposes by S.I. 2007/1801, art. 4(k)

I164Sch. 8 in force at 1.9.2008 in so far as not already in force by S.I. 2008/1971, art. 2(b)

After Schedule 35A to EA 1996 insert—

Section 508B

SCHEDULE 35BE+WMeaning of “eligible child” for purposes of section 508B

1For the purposes of section 508B (travel arrangements for eligible children) an “eligible child” means a child who falls within any of paragraphs 2 to 7 or 9 to 13.

Children with special educational needs, a disability or mobility problemsE+W

2A child falls within this paragraph if—

(a)he is of compulsory school age and is any of the following—

    <