School Standards and Framework Act 1998 (c. 31)

SCHEDULES

SCHEDULE 6 E+W Statutory proposals: procedure and implementation

Modifications etc. (not altering text)

C1 Sch. 6 modified (1.9.1999) by S.I. 1999/704, regs. 21, 22, Sch.

Sch. 6 continued (1.9.2001) by S.I. 2001/2678, reg. 2(2)

C2 Schs. 6, 7: power to modify conferred (1.4.2003 for E.) by Education Act 2002 (c. 32), ss. 74(2)(a), 216(4) (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4

C3 Sch. 6 applied (1.9.2006) by 1996 c. 56, s. 529(2) (as amended by Education Act 2005 (c. 18), s. 125(4), Sch. 12 para. 2; S.I. 2006/2129, art. 4)

Part III E+W Manner of implementation of statutory proposals

Modifications etc. (not altering text)

C4 Sch. 6 Pt. 3 excluded (19.12.2002) by Education Act 2002 (c. 32), ss. 193(6), 216 (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 4, Sch. Pt. 1

C5 Sch. 6 Pt. 3 excluded (1.9.2006) by Education Act 2005 (c. 18), s. 125(4), Sch. 11 para. 6(4); S.I. 2006/2129, art. 4

Introductory E+W

11 E+W In this Part of this Schedule “proposals” means proposals falling to be implemented under paragraph 5 or 10.

Proposals relating to community or maintained nursery schools E+W

12 (1) This paragraph applies to proposals relating to a community or [F1 maintained nursery school or a proposed such school]. E+W

(2) The proposals shall be implemented by the local education authority by whom they were published under section 28(1) [F2 , 28A(1)] or 29(1) [F3 or, in the case of proposals published by the governing body of a community school under section 28(2)(b), by the local education authority who maintain the school].

Textual Amendments

F1 Words in Sch. 6 para. 12(1) substituted (1.6.2003 for E., 31.3.2004 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 115(5)(a) (with ss. 210(8), 214(4)); S.I. 2003/1115, art. 3; S.I. 2004/912, art. 4, Sch. Pt. 1

F2 Word in Sch. 6 para. 12(2) inserted (1.9.2006) by Education Act 2005 (c. 18), s. 125(4), Sch. 12 para. 13(8); S.I. 2006/2129, art. 4

F3 Words in Sch. 6 para. 12(2) inserted (1.6.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 115(5)(b) (with ss. 210(8), 214(4)); S.I. 2003/1115, art. 3

Modifications etc. (not altering text)

C6 Sch. 6 para. 12 applied (with modifications) (1.9.1999) by S.I. 1999/2103, reg. 3.

Proposals relating to foundation or voluntary controlled schools E+W

13 (1) This paragraph applies to proposals relating to a foundation or voluntary controlled school or a proposed such school. E+W

(2) Where the proposals were published by a local education authority under section 28(1) [F4 , 28A(1)] or 29(1), they shall be implemented by the authority.

[F5 (3) Where the proposals were published—

(a) under section 28(2) or 28A(2), by promoters, or

(b) under section 28(2), by the governing body,

they shall be implemented by the local education authority and by the promoters or (as the case may be) the governing body, respectively, to such extent (if any) as the proposals provide for each of them to do so.]

(4) Where the proposals were published by the governing body under section 29(2), they shall be implemented—

(a) by the governing body; and

(b) by the local education authority as well.

Textual Amendments

F4 Word in Sch. 6 para. 13(2) inserted (1.9.2006) by Education Act 2005 (c. 18), s. 125(4), Sch. 12 para. 13(9)(a); S.I. 2006/2129, art. 4

F5 Sch. 6 para. 13(3) substituted (1.9.2006) by Education Act 2005 (c. 18), s. 125(4), Sch. 12 para. 13(9)(b); S.I. 2006/2129, art. 4

Proposals relating to voluntary aided schools E+W

14 (1) This paragraph applies to proposals relating to a voluntary aided school or a proposed such school. E

(2) Where the proposals were published by the governing body under section 28(2) or 29(2), they shall be implemented—

(a) in the case of proposals published under section 28(2) so far as relating to the provision of any [F6 playing fields] for the school, by the local education authority;

(b) in the case of proposals published under section 29(2), by the governing body and the authority; and

(c) otherwise by the governing body.

(3) Where the proposals were published under section 28(2) [F7 or 28A(2)] by promoters, they shall be implemented—

(a) so far as relating to the provision of any [F8 playing fields] for the school (but subject to sub-paragraph (5)), by the local education authority; and

(b) otherwise by the promoters.

(4) F9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Nothing in sub-paragraph (3) requires a local education authority to provide any [F10 such playing fields] where—

(a) the 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) [F11 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.

(6) Where the proposals were published by a local education authority under section 29(1), they shall be implemented by the authority.

Extent Information

E1 This version of this provision extends to England only; a separate version has been created for Wales.

Textual Amendments

F6 Words in Sch. 6 para. 14(2) substituted (E.) (1.4.2002) by The Regulatory Reform (Voluntary Aided Schools Liabilities and Funding) (England) Order 2002 (S.I. 2002/906), art. 11(a)

F7 Words in Sch. 6 para. 14(3) inserted (1.9.2006) by Education Act 2005 (c. 18), s. 125(4), Sch. 12 para. 13(10); S.I. 2006/2129, art. 4

F8 Words in Sch. 6 para. 14(3) substituted (E.) (1.4.2002) by The Regulatory Reform (Voluntary Aided Schools Liabilities and Funding) (England) Order 2002 (S.I. 2002/906), art. 11(a)

F9 Sch. 6 para. 14(4) omitted (E.) (1.4.2002) by virtue of The Regulatory Reform (Voluntary Aided Schools Liabilities and Funding) (England) Order 2002 (S.I. 2002/906), art. 11(b)

F10 Words in Sch. 6 para. 14(5) substituted (E.) (1.4.2002) by The Regulatory Reform (Voluntary Aided Schools Liabilities and Funding) (England) Order 2002 (S.I. 2002/906), art. 11(c)

F11 Words in Sch. 6 para. 14(5)(b) substituted (E.) (1.4.2002) by The Regulatory Reform (Voluntary Aided Schools Liabilities and Funding) (England) Order 2002 (S.I. 2002/906), art. 11(d)

14 (1) This paragraph applies to proposals relating to a voluntary aided school or a proposed such school. W

(2) Where the proposals were published by the governing body under section 28(2) or 29(2), they shall be implemented—

(a) in the case of proposals published under section 28(2) so far as relating to the provision of any relevant premises for the school, by the local education authority;

(b) in the case of proposals published under section 29(2), by the governing body and the authority; and

(c) otherwise by the governing body.

(3) Where the proposals were published under section 28(2) [F7 or 28A(2)] by promoters, they shall be implemented—

(a) so far as relating to the provision of any relevant premises for the school (but subject to sub-paragraph (5)), by the local education authority; and

(b) otherwise by the promoters.

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

(a) playing fields, or

(b) buildings which are to form part of the school premises but are not to be school buildings.

(5) Nothing in sub-paragraph (3) requires a local education authority to provide any such premises where—

(a) the 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 premises—

(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.

(6) Where the proposals were published by a local education authority under section 29(1), they shall be implemented by the authority.

Extent Information

E2 This version of this provision extends to Wales only; a separate version has been created for England.

Textual Amendments

F7 Words in Sch. 6 para. 14(3) inserted (1.9.2006) by Education Act 2005 (c. 18), s. 125(4), Sch. 12 para. 13(10); S.I. 2006/2129, art. 4

Proposals relating to community or foundation special schools E+W

15 (1) This paragraph applies to proposals relating to— E+W

(a) a community or foundation special school; or

(b) a proposed such school.

(2) Where the proposals were published by a local education authority under section 31(1), they shall be implemented by the authority.

(3) Where the proposals were published by the governing body under section 31(2)(a), they shall be implemented by the local education authority and by the governing body, respectively, to such extent (if any) as the proposals provide for each of them to do so.

(4) Where the proposals were published by the governing body under section 31(2)(b), they shall be implemented—

(a) by the governing body; and

(b) by the local education authority as well.