Education (No. 2) Act 1986

54 Change of status of controlled school to aided school. E+W

(1) On an application duly made to him by the governing body of any controlled school, the Secretary of State may by order direct that as from the date specified in the order the school shall be an aided school.

(2) The Secretary of State shall not make an order under this section unless he is satisfied that the governing body will be able and willing—

(a) with the assistance of any maintenance contribution payable by him under the 1944 Act, to defray the expenses which would fall to be borne by them under section 15(3)(a) of that Act; and

(b) to pay to the local education authority any compensation payable by the governing body under section 55 of this Act.

(3) Where the governing body of a controlled school propose to apply for an order under this section they shall, after consulting the local education authority—

(a) publish their proposals in such manner as may be required by regulations made by the Secretary of State;

(b) submit a copy of the published proposals to him; and

(c) provide him with such information as he may reasonably require in order to enable him to give proper consideration to the proposals.

(4) The published proposals shall be accompanied by a statement which explains the effect of subsection (5) below and specifies the date on which the proposals are intended to be implemented.

(5) Before the end of the period of two months beginning with the day on which the proposals are first published, any of the following may submit objections to the proposals to the Secretary of State—

(a) any ten or more local government electors for the area;

(b) the governing body of any voluntary school affected by the proposals;

(c) any local education authority concerned.

(6) Where, in consequence of an order made under this section, an amount will be payable by a governing body by way of compensation under section 55 of this Act, the order—

(a) shall specify the amount so payable and the date by which it must be paid; and

(b) may impose such conditions in relation to its payment as the Secretary of State thinks fit.

(7) Where the Secretary of State proposes, in making an order under this section, to specify as the date from which the school is to be an aided school a different date to that proposed by the governing body, he shall first consult both that body and the local education authority as to the date which it would be appropriate to specify in the order.

(8) On the application of the local education authority or of the foundation governors of the school any such order may be varied, by order made by the Secretary of State, so as to specify—

(a) a different date to that specified under subsection (1) above; or

(b) a different amount to that specified under subsection (6) above.

(9) Before applying to the Secretary of State under subsection (8) above for the variation of an order, the foundation governors of the school shall consult the other governors.

(10) Before making any variation under subsection (8) above the Secretary of State shall consult—

(a) the local education authority, in the case of an application for variation made by foundation governors; and

(b) the foundation governors of the school, in the case of any application for variation made by the local education authority.

(11) Where foundation governors are consulted by the Secretary of State under subsection (10)(b) above, they shall, before giving him their views, consult the other governors of the school.

(12) Any order under this section may make such provision (including the modification of any provision made by or under this Act) as the Secretary of State considers appropriate in connection with the transition of the school in question from controlled to aided status and may, in particular, make provision—

(a) as to the circumstances in which, and purposes for which, the school is to be treated, before the specified date, as if it were an aided school;

(b) as to the time by which the new instrument of government and articles of government (appropriate for an aided school) are to be made for the school and the consent and consultation which is to be required before they are made;

(c) where the local education authority propose to pass a resolution (under section 9 of this Act) to group the school when it becomes an aided school, as to the consent required before that resolution is passed;

(d) as to the appointment and dismissal of staff for the school;

(e) as to the arrangements to be made in relation to the admission of pupils to the school;

F1 (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g) as to functions exercisable by, or in relation to, the governing body or the governors of any category so specified.

[F2 (13) For the purposes of this section proposals under this section shall be taken to have first been published—

(a) on the day on which the requirements of regulations under this section with respect to the publication of the proposals are satisfied; or

(b) where different requirements such as are mentioned in paragraph (a) above are satisfied on different days, on the last of those days.

(14) Where any such requirement imposes a continuing obligation with respect to the publication of any proposals, the requirement shall for the purposes of subsection (13) above be taken to be satisfied on the first day in respect of which it is satisfied.]

Textual Amendments

F1 S. 54(12)(f) repealed (1.4.1994) by 1993 c. 35, ss. 307(1)(3), 308(3), Sch. 19 para. 105, Sch. 21 Pt.II; S.I. 1994/507, art. 4, Sch. 2Appendix

F2 S. 54(13)(14) inserted by Education Reform Act 1988 (c. 40, SIF 41:1), 231(7), 235(6), 237(1), Sch. 12 para. 102