Education Act 1944 (repealed 1.11.1996)

14 Restrictions on discontinuance of voluntary schools by managers and governors. E+W

(1) Subject to the provisions of this section, the . . . F1 governors of a voluntary school shall not discontinue the school except after serving on the [F2 Secretary of State for Education and Science] and on the local education authority by whom the school is maintained not less than two years’ notice of their intention to do so:

[F3 Provided that, except by leave of the [F2 Secretary of State for Education and Science], no such notice as aforesaid shall be served by the . . . F1 governors of any voluntary school in respect of the premises of which expenditure has been incurred otherwise than in connection with repairs by the [F2 Secretary of State for Education and Science] or by any local education authority or former authority.

If the [F2 Secretary of State for Education and Science] grants such leave, he may impose such requirements as he thinks just—

(a) in regard to the repayment of the whole or any part of the amount of the expenditure so incurred by the [F2 Secretary of State for Education and Science];

(b) where the [F2 Secretary of State for Education and Science] is satisfied that the local education authority will require for any purpose connected with education, any premises which are for the time being used for the purposes of the school in regard to the conveyance of those premises to the authority;

(c) in regard to the payment by the local education authority of such part of the value of any premises so conveyed as is just having regard to the extent to which those premises were provided otherwise than at the expense of the authority of a former authority;

(d) where any premises for the time being used for the purposes of the school are not to be so conveyed in regard to the payment to the authority by the . . . F1 governors of the school of such part of the value of those premises as is just having regard to the extent to which they were provided at the expense of the authority or a former authority.]

(2) No such notice as aforesaid shall be withdrawn except with the consent of the local education authority.

(3) If, while any such notice as aforesaid is in force with respect to a voluntary school, the . . . F1 governors of the school inform the local education authority that they are unable or unwilling to carry on the school until the expiration of the notice, the authority may conduct the school during the whole or any part of the unexpired period of the notice as if it were a county school, and shall be entitled to the use of the school premises, free of charge, for that purpose.

(4) While any school is being conducted by a local education authority as a county school under the last foregoing subsection, the authority shall keep the school premises in good repair, and, for all purposes relating to the condition of the school premises, the occupation and use thereof, and the making of alterations thereto, any interest in the said premises which is held for the purposes of the school shall be deemed to be vested in the authority:

Provided that the . . . F1 governors of the school shall be entitled to the use of the school premises or any part thereof when not required for the purposes of the school to the like extent as if they had continued to carry on the school during the unexpired period of the notice.

(5) Where any school is discontinued in accordance with the provisions of this section, the duty of the local education authority to maintain the school as a voluntary school shall be extinguished.

Textual Amendments

F1 Words repealed by Education Act 1980 (c. 20, SIF 41:1), s. 1(3), Sch. 1 para. 1

F2 Words substituted by virtue of S.I. 1964/490, art. 3(2)(a)

F3 S. 14(1) proviso substituted retrospectively by Education Act 1946 (c. 50), s. 14(1), Sch. 2 Pt. II

Modifications etc. (not altering text)

C1 S. 14 modified by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 97(5), 98(8), 99(5), 212(5), 231(7), 235(6)

C2 S. 14 excluded (30.9.1992) by Further and Higher Education Act 1992 (c. 13), s. 59(2)(a); S.I. 1992/831, art.2, Sch. 2

C3 S. 14 modified (1.4.1994) by 1993 c. 35, s. 115(6) (with s. 155(11)); S. I. 1994/507, art.3(1).

C4 S. 14 restricted (1.4.1994) by 1993 c. 35, s. 273(2); S.I. 1994/507, art. 4(1), Sch.2.