SCHEDULES
SCHEDULE 1 Provisions relating to an Education Action Forum
Powers
1
1
An Education Action Forum may, subject to sub-paragraph (2), do anything which is calculated to facilitate, or is incidental or conducive to, the carrying out of any of its functions.
2
A Forum shall not have power to borrow money.
Chairman
2
The members of an Education Action Forum shall elect one of their number to be chairman of the Forum, who shall hold office for such period as is specified in the order by which the Forum is established under section 10(1).
Committees
3
An Education Action Forum may—
a
establish a committee for any purpose; and
b
authorise any such committee to exercise such of its functions as it may determine.
Proceedings
4
The Secretary of State may by regulations make provision as to the meetings and proceedings of an Education Action Forum.
5
The validity of the proceedings of an Education Action Forum shall not be affected by a vacancy among the members or any defect in the appointment of a member.
6
Subject to the preceding provisions of this Schedule, an Education Action Forum may regulate its own procedure and that of any of its committees.
Accounts
7
1
It shall be the duty of an Education Action Forum—
a
to keep proper accounts and proper records in relation to the accounts,
b
to prepare in respect of each financial year of the Forum a statement of accounts, and
c
to send copies of the statement to the Secretary of State and to the Comptroller and Auditor General before the end of the month of August next following the financial year to which the statement relates.
2
The statement of accounts shall comply with any directions given by the Secretary of State as to—
a
the information to be contained in it,
b
the manner in which the information contained in it is to be presented, or
c
the methods and principles according to which the statement is to be prepared.
3
The Comptroller and Auditor General shall examine, certify and report on each statement received by him in pursuance of this paragraph and shall lay copies of each statement and of his report before each House of Parliament.
4
In this paragraph “financial year” means the period beginning with the date on which the Forum is established and ending with the 31st March following that date, and each successive period of twelve months.
Application of seal and proof of instruments
8
The application of the seal of an Education Action Forum shall be authenticated by the signature—
a
of the chairman or of some other person authorised either generally or specially by the Forum to act for that purpose, and
b
of one other member.
9
Every document purporting to be an instrument made or issued by or on behalf of an Education Action Forum and to be duly executed under the seal of the Forum, or to be signed or executed by a person authorised by the Forum to act in that behalf, shall be received in evidence and be treated, without further proof, as being so made or issued unless the contrary is shown.
Charitable status
10
An Education Action Forum shall be a charity F353within the meaning of the Charities Act 1993, and is an institution to which section 3A(4)(b) of that Act applies (institutions to be excepted from registration under that Act).
F331SCHEDULE 1AGoverning bodies consisting of interim executive members
C11Interpretation of Schedule
1
In this Schedule—
“the appropriate authority” means—
“existing governors”, in relation to a school in respect of which a notice under section 16A(1) or 18A(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 16A(1) or 18A(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 the Education Act 2002 (governing bodies).
2
In this Schedule any reference to the discontinuance of a maintained school is a reference to the F382local authority ceasing to maintain it.
C22Governing body to consist of members appointed by appropriate authority
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 the Education Act 2002.
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”.
3Effect of notice under section 16A(1) or 18A(1)
1
On the date specified in the notice under section 16A(1) or 18A(1), the existing governors shall vacate office.
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 shall have effect, in relation to the school, as a reference to an interim executive member.
4
During the interim period, section 83 (modification of provisions making governors of foundation or voluntary school ex officio trustees) shall have effect in relation to the school with the substitution for paragraphs (a) to (c) of a reference to the interim executive members.
4Interim executive members
1
The number of interim executive members must not be less than two.
2
The initial appointment of interim executive members shall be made so as to take effect on the date specified in the notice under section 16A(1) or 18A(1).
3
The appropriate authority may appoint further interim executive members at any time during the interim period.
5
1
Every appointment of an interim executive member must be made by an instrument in writing setting out the terms of his appointment.
2
An interim executive member—
a
shall hold 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.
6Duty of appropriate authority to inform other persons
1
The appropriate authority shall give a copy of the notice under section 16A(1) or 18A(1) and of every instrument of appointment of an interim executive member—
a
to every interim executive member,
b
to every existing governor of the school,
e
in the case of a foundation or voluntary school which is a Church of England school, a Church in Wales 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.
7Power to specify duration of interim period
The appropriate authority may in the notice under section 16A(1) or 18A(1) specify the duration of the interim period.
8Chairman
The appropriate authority may nominate one of the interim executive members to be chairman of the interim executive board.
9Remuneration and allowances
The appropriate authority may pay to any interim executive member such remuneration and allowances as the appropriate authority may determine.
10Duty of interim executive board
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.
2
Sub-paragraph (1) is without prejudice to the other duties of the interim executive board as governing body.
11Proceedings of interim executive board
1
The interim executive board may determine their own procedure.
2
The interim executive board may make such arrangements as they think fit for the discharge of their functions by any other person.
12Effect on suspension of delegated budget
1
If immediately before the date specified in a notice under section 16A(1) or 18A(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.
2
If a notice under paragraph 1 of Schedule 15 (suspension of delegated budget for mismanagement etc.) has been given to the governing body before the date specified in a notice under section 16A(1) or 18A(1) but has not yet taken effect, the notice shall cease to have effect on that date.
3
During the interim period, the F382local authority may not exercise the power conferred by section 17 (power to suspend right to delegated budget).
4
Sub-paragraph (1) is to be construed in accordance with section 49(7).
C313Exclusion of certain statutory provisions
1
Regulations made by virtue of subsection (2) or (3) of section 19 of the Education Act 2002 (governing bodies) shall not apply in relation to the interim executive board.
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.
14
During the interim period—
a
the F382local authority may not exercise any power conferred by section 16 (power to appoint additional governors), and
b
the F186Assembly may not exercise any power conferred by section 18 (power to appoint additional governors).
15Closure of school
1
2
The interim executive board may not—
a
publish under section 29(2) proposals to discontinue the school, or
b
serve notice under section 30(2).
16
1
Where during the interim period—
a
the F186Assembly gives a direction under section 19(1) or 32(1) in relation to the school, or
b
the F382local authority determine to discontinue the school,
the interim period shall 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 3 of Schedule 6,
b
the date on which the school is discontinued under section 30, or
c
the date specified in the direction under section 19(1) or 32(1),
as the case may be.
17Notice of resumption of government by normally constituted governing body
1
Where—
a
the notice under section 16A(1) or 18A(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,
d
in the case of a foundation or voluntary school which is a Church of England school, a Church in Wales 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.
18Time when interim executive members cease to hold office
1
The interim executive members shall vacate office—
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 16A(1) or 18A(1) specified the duration of the interim period, at the end of the specified period, and
c
in any other 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.
19Establishment of normally constituted governing body
1
Where interim executive members are to vacate office on the date referred to in paragraph 18(1)(b) or (c), the F382local authority shall make arrangements providing for the constitution of the governing body on and after that date.
2
Regulations may 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 the Education Act 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.
C8SCHEDULE 2 Allocation of existing schools to new categories
Sch. 2 excluded (7.9.1998) (temp.) by S.I. 1998/1969, reg.18
Allocation of F382local authority-maintained schools
1
A school which immediately before the appointed day is (within the meaning of the M1Education Act 1996)—
a
a county school,
b
a controlled, aided or special agreement school, or
c
a maintained special school,
shall become on that day a school of the category to which it is allocated by the following table.
Existing school | Allocated new category |
|---|---|
A county school. | Community school. |
A controlled school. | Voluntary controlled school. |
(1) An aided school. (2) A special agreement school. | Voluntary aided school. |
A maintained special school. | Community special school. |
Allocation of grant-maintained and grant-maintained special schools
2
A school which immediately before the appointed day is (within the meaning of the M2Education Act 1996)—
a
a grant-maintained school, or
b
a grant-maintained special school,
shall become on that day a school of the category to which it is to be allocated in accordance with the following paragraphs of this Schedule.
Indicative allocation of schools within paragraph 2
3
For the purposes of this Schedule the indicative allocation of a school within paragraph 2 is shown in the following table.
Existing school | Indicative new category |
|---|---|
(1) A grant-maintained school formerly a county or controlled school. (2) A grant-maintained school established by the Funding Agency for Schools. | Foundation school. |
(1) A grant-maintained school formerly an aided or special agreement school. (2) A grant-maintained school established by promoters (within the meaning of Part III of the Education Act 1996). | Voluntary aided school. |
A grant-maintained special school. | Foundation special school. |
Any reference in the first column to a school of a particular description is a reference to a school of that description within the meaning of the Education Act 1996.
Preliminary decision by governing body as to new category
C44
1
The governing body of a school within paragraph 2 shall in the first instance take a decision (their “preliminary decision”) on the question whether—
a
to accept the school’s allocation to a particular category in accordance with its indicative allocation, or
b
to opt for it to be allocated to a different category.
2
Regulations may make provision as to the procedure to be followed in connection with the taking by governing bodies of their preliminary decisions under sub-paragraph (1).
3
Regulations under sub-paragraph (2) may, in particular, make provision—
a
as to the consultation to be carried out by governing bodies before taking their preliminary decisions;
b
as to the time by which governing bodies are to take such decisions;
c
as to the notification of such decisions to prescribed persons;
d
as to the provision of prescribed information to prescribed persons;
e
authorising governing bodies to charge a fee (not exceeding the cost of supply) for prescribed documents supplied by them in pursuance of regulations made by virtue of paragraph (d);
f
requiring the holding of ballots of registered parents in prescribed cases;
g
enabling the Secretary of State, in any prescribed circumstances, to declare a previous ballot void and require the holding of a fresh ballot;
h
as to the conduct of ballots held under the regulations;
i
specifying criteria for determining, for the purposes of the regulations and this Schedule, the result of any such ballot.
Final decision by governing body as to new category
C55
1
Where—
a
the governing body of a school within paragraph 2 have taken their preliminary decision under sub-paragraph (1) of paragraph 4, and
b
the result of a ballot held by virtue of that paragraph does not accord with that decision,
the governing body shall reconsider the question set out in that sub-paragraph, having regard to the result of the ballot, and shall then take a further decision on that question.
2
Where—
a
the governing body of a school within paragraph 2 have taken their preliminary decision under sub-paragraph (1) of paragraph 4, and
b
either—
i
a ballot was held by virtue of that paragraph whose result (if any) was not to disagree with that decision, or
ii
no such ballot was required to be held,
the governing body shall take a further decision confirming their preliminary decision.
3
Regulations may make provision as to the procedure to be followed in connection with the taking by governing bodies of their final decisions (including, in particular, provision as to the time by which governing bodies are to take such decisions).
4
In this Schedule any reference to a governing body’s “final decision” is a reference to any such further decision as is required by sub-paragraph (1) or (2).
Notification of final decision
C66
1
Once the governing body of a school within paragraph 2 have taken their final decision, they shall give written notification of that decision to the Secretary of State.
2
Regulations may make provision—
a
requiring governing bodies—
i
when giving such notifications, to certify such matters as may be specified in the regulations, and
ii
to provide such information to such persons as may be so specified;
b
as to the time by which such notifications are to be given or such information is to be provided.
Final determination of new category
C77
1
If—
a
the final decision of the governing body of a school within paragraph 2 accorded with the school’s indicative allocation, and
b
either—
i
a ballot was held by virtue of paragraph 4 whose result (if any) was not to disagree with that allocation, or
ii
no such ballot was required to be held,
the school shall be allocated to the category provided for by its indicative allocation.
2
If in the case of a school within paragraph 2—
a
the final decision of the governing body, or
b
the result of a ballot held by virtue of paragraph 4,
did not accord with the school’s indicative allocation, the school shall be allocated to such category (whether or not that provided for by its indicative allocation) as the Secretary of State may determine in conformity with regulations under paragraph 8.
3
The Secretary of State shall notify the governing body of each school within paragraph 2 of the category to which it is allocated in accordance with this paragraph.
Restrictions on decisions as to categories
P18
Regulations may make provision for prohibiting a school of any description specified in the regulations—
a
from being allocated under paragraph 7 to a category so specified; or
b
from being so allocated unless such conditions are satisfied as are so specified.
Transitional arrangements: schools within paragraph 2
9
1
Where the category to which a school within paragraph 2 is to be allocated has not been finally determined, in accordance with the preceding paragraphs of this Schedule, by the appointed day, the school shall be taken to be allocated on that day to the category provided for by its indicative allocation.
2
Sub-paragraph (1) does not prevent such a school from being subsequently allocated to a different category in accordance with paragraph 7.
3
Where such a school is subsequently so allocated, section 20(2)(a) shall apply to it as if it had been allocated to the category in question on the appointed day.
Transitional arrangements: general
P210
1
Regulations may make such provision as the Secretary of State considers appropriate in connection with the allocation to the new categories of maintained schools of schools—
a
to which paragraph 9(1) applies; or
b
whose school opening date falls on or after the date of the passing of this Act; or
c
in relation to which a duty to implement proposals to discontinue the school has arisen, or a notice to discontinue the school has been given; or
d
in relation to which a notice has been given under section 272 of the M3Education Act 1996 (school unsuitable to continue as grant-maintained school) which contains such a statement as is mentioned in subsection (3) or (5)(b) of that section.
2
Regulations under sub-paragraph (1) may provide that any provision of the Education Acts shall apply to any such school with such modifications as are specified in the regulations.
Effect of allocation
11
The allocation of a school to a particular category under this Schedule shall not be taken as authorising or requiring any change as from the appointed day in the character of the school conducted by its governing body (including, in particular, any religious character of the school).
SCHEDULE 3 Funding of foundation, voluntary and foundation special schools
Part I Foundation, voluntary controlled and foundation special schools
Obligations of governing bodies
1
1
The governing body of a foundation, voluntary controlled or foundation special school are (in accordance with section 22(4)) not responsible for any of the expenses of maintaining the school.
2
Sub-paragraph (1) does not apply to the repayment of the principal of, or interest on, a loan made to the governing body.
Obligations of F383local authorities as regards provision of sites and buildings (otherwise than in connection with statutory proposals)
Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 10(3) (with Sch. 2 para. 10(4))
2
1
In the case of a foundation, voluntary controlled or foundation special school, the F382local authority shall provide—
a
any new site which is to be provided in addition to, or instead of, the school’s existing site (or part of its existing site), and
b
any buildings which are to form part of the school premises.
2
Sub-paragraph (1) does not—
F201a
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
b
require the F382local authority to finance the acquisition by the governing body of any site or buildings provided otherwise than by the authority.
3
Where a site is provided for a school under this paragraph, the F382local authority shall transfer their interest in the site, and in any buildings on the site which are to form part of the school premises—
a
to the trustees of the school, 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.
4
If any doubt or dispute arises as to the persons to whom the authority are required to make the transfer, it shall be made to such persons as the Secretary of State thinks proper.
5
The authority shall pay to the persons to whom the transfer is made their reasonable costs in connection with the transfer.
6
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 shall notify the F382local authority that paragraph (b) applies to them and they or their successors shall pay to the F382local 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 Secretary of State.
7
In sub-paragraph (6)(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 (6) regard shall be had to any guidance given from time to time by the Secretary of State.
8
Any sum paid under sub-paragraph (6) shall be treated for the purposes of section 14 of the M4Schools 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.
9
A determination may be made under sub-paragraph (6) in respect of any property subject to a trust which has arisen under section 1 of the M5Reverter of Sites Act 1987 (right of reverter replaced by trust for sale) if (and only if)—
a
the determination is made by the Secretary of State, and
b
he is satisfied that steps have been taken to protect the interests of the beneficiaries under the trust.
10
Sub-paragraph (6) shall 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 (6)(b) (if any) as remains after the application of paragraphs F189A1 to A16 or 1 to 3 of Schedule 22 to that sum.
11
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;
- a
“site” does not include playing fields but otherwise includes any site which is to form part of the premises of the school in question.
Part II Voluntary aided schools
F190Interpretation of Part
Sch. 3 para. 2A and cross-heading inserted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 31(3); S.I. 2007/935, art. 7(o)
2A
In 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.
Obligations of governing bodies
E1F13
1
In the case of a voluntary aided school, the governing body of the school are responsible for meeting all capital expenditure in relation to the school premises subject to sub-paragraph (2) below.
2
The duty in sub-paragraph (1) does not extend—
a
to capital expenditure in relation to playing fields or any building or other structure erected thereon in connection with the use of playing fields, but does extend to capital expenditure in relation to boundary walls and fences;
b
to capital expenditure necessary in consequence of the use of the school premises, in pursuance of a direction or requirement of the F382local authority, for purposes other than those of the school;
c
to capital expenditure on the provision of any new site which the F382local authority is to provide by virtue of paragraph 4 of this Schedule.
F2023
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E23
1
In the case of a voluntary aided school, the expenses of discharging any liability incurred by or on behalf of—
a
the governing body of the school,
b
any former governors of the school, or
c
any trustees of the school,
in connection with the provision of premises or specified equipment for the purposes of the school are payable by the governing body of the school.
In this sub-paragraph “specified equipment” means equipment of any description specified by the Secretary of State for the purposes of this sub-paragraph.
2
In addition, any expenses incurred—
a
b
in effecting repairs to the school buildings, other than repairs falling within sub-paragraph (3),
are payable by the governing body of the school.
3
The governing body of a voluntary aided school are not responsible—
a
for repairs to the interior of the school buildings, or
b
for repairs to those buildings necessary in consequence of the use of the school premises, in pursuance of a direction or requirement of the F382local authority, for purposes other than those of the school.
4
Nothing in this paragraph imposes on the governing body of a voluntary aided school which was (either before or after the appointed day) a school of a different description any obligation in respect of a liability incurred at any time before the school became a voluntary aided school if at that time no obligation in respect of that liability was imposed on them, as the governing body of a school of that description, under this Act or the M7Education Act 1996, as the case may be.
Obligations of F383local authorities as regards provision of sites (otherwise than in connection with statutory proposals)
E44
1
In the case of a voluntary aided school, the F382local authority shall provide any new site which is to be provided in addition to, or instead of, the school’s existing site (or part of its existing site).
2
Sub-paragraph (1) does not—
a
apply in relation to the provision of any site which persons other than the authority are required to provide by virtue of F3any enactment; or
b
require the F382local authority to finance the acquisition by the governing body of any site or buildings provided otherwise than by the authority.
3
Where a site is provided for a school under this paragraph, the F382local authority shall transfer their interest in the site, and in any buildings on the site which are to form part of the school premises—
a
to the trustees of the school, 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 to be held by that body for the relevant purposes.
4
If any doubt or dispute arises as to the persons to whom the authority are required to make the transfer, it shall be made to such persons as the Secretary of State thinks proper.
5
The authority shall pay to the persons to whom the transfer is made their reasonable costs in connection with the transfer.
6
Where—
a
a site is provided for a school under this paragraph, and
b
work is required to be done to the site for the purpose of clearing it or making it suitable for building purposes,
the F382local authority and the governing body of the school may make an agreement providing for the making of such payments, or of such other adjustments of their respective rights and liabilities, as will secure that the cost of the work is borne by the authority.
7
Where—
a
a site is provided for a school under this paragraph, and
b
there are buildings on the site which are of value for the purposes of the school,
the F382local authority and the governing body of the school may make an agreement providing for the making of such payments, or of such other adjustments of their respective rights and liabilities, as appear to be desirable having regard to the governing body’s duties under paragraph 3 with respect to the F4school premises.
8
Where it appears to the Secretary of State that provision for any payment or other adjustment ought to have been made under sub-paragraph (6) or (7) but has not been made, he may give directions providing for the making of such payment or other adjustment as he thinks proper.
9
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;
“site” does not include playing fields but otherwise includes any site which is to form part of the premises of the school in question.
E34
1
In the case of a voluntary aided school, the F382local authority shall provide any new site which is to be provided in addition to, or instead of, the school’s existing site (or part of its existing site).
2
Sub-paragraph (1) does not—
a
apply in relation to the provision of any site which persons other than the authority are required to provide by virtue of F2any enactment; or
b
require the F382local authority to finance the acquisition by the governing body of any site or buildings provided otherwise than by the authority.
3
Where a site is provided for a school under this paragraph, the F382local authority shall transfer their interest in the site, and in any buildings on the site which are to form part of the school premises—
a
to the trustees of the school, 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 to be held by that body for the relevant purposes.
4
If any doubt or dispute arises as to the persons to whom the authority are required to make the transfer, it shall be made to such persons as the Secretary of State thinks proper.
5
The authority shall pay to the persons to whom the transfer is made their reasonable costs in connection with the transfer.
6
Where—
a
a site is provided for a school under this paragraph, and
b
work is required to be done to the site for the purpose of clearing it or making it suitable for building purposes,
the F382local authority and the governing body of the school may make an agreement providing for the making of such payments, or of such other adjustments of their respective rights and liabilities, as will secure that the cost of the work is borne by the authority.
7
Where—
a
a site is provided for a school under this paragraph, and
b
there are buildings on the site which are of value for the purposes of the school,
the F382local authority and the governing body of the school may make an agreement providing for the making of such payments, or of such other adjustments of their respective rights and liabilities, as appear to be desirable having regard to the governing body’s duties under paragraph 3 with respect to the school buildings.
8
Where it appears to the Secretary of State that provision for any payment or other adjustment ought to have been made under sub-paragraph (6) or (7) but has not been made, he may give directions providing for the making of such payment or other adjustment as he thinks proper.
9
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;
“site” does not include playing fields but otherwise includes any site which is to form part of the premises of the school in question.
Grants by Secretary of State in respect of expenditure on premises or equipment
E5C50C55C515
1
The Secretary of State may make grants—
a
to the governing body of a voluntary aided school in respect of F5capital expenditure incurred or to be incurred by them; or
b
to a relevant body in the case of such a school, in respect of F6capital expenditure incurred or to be incurred by that body on behalf of the governing body.
2
F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
The amount of any grant paid under this paragraph in respect of any such expenditure—
F8a
shall not exceed 90 per cent of the expenditure or, if the Secretary of State considers that the circumstances are exceptional, shall not exceed 100 per cent of the expenditure, and
b
in the case of any prescribed class or description of such expenditure, shall be such as may be determined in accordance with regulations.
4
The times at which, and the manner in which, payments are made in respect of a grant under this paragraph shall be such as may be determined from time to time by the Secretary of State.
F95
Without prejudice to any other duty of his, the Secretary of State shall, in performing functions relating to the exercise of the power under this paragraph to make grants in respect of expenditure on school premises, give priority to paying grants in respect of expenditure which is necessary to make such alterations as may be required by the F382local authority for the purpose of securing that the school premises conform to the standards prescribed under section 542 of the Education Act 1996 M8 or as may be required for the purpose of securing that the school premises conform to standards specified by or under any other enactment relating to health and safety; and the amount of any grant paid in the exercise of that power in respect of such expenditure on school premises shall be at least 90 per cent of the expenditure.
6
Any body to whom any payment is made in respect of a grant under this paragraph shall comply with such requirements determined by the Secretary of State as he may from time to time impose.
7
Such requirements—
a
may be imposed on, or at any time after, the making of any payment by reference to which they are imposed, and
b
may at any time be waived, removed or varied by the Secretary of State;
but such requirements may be imposed after the making of any such payment only if the Secretary of State is satisfied that in all the circumstances it is reasonable for them to be so imposed.
8
Such requirements may, in particular, if any conditions specified in the requirements are satisfied—
a
require the application for purposes connected with the provision of education in appropriate schools of—
i
any premises or equipment in respect of which the grant has been paid under this paragraph, or
ii
an amount equal to so much of the value of any such premises or equipment as is determined in accordance with the requirements to be properly attributable to the payment of the grant; and
b
in the event that that requirement is not complied with, require the payment to the Secretary of State of the whole or any part of the following amount.
9
That amount is—
a
the amount of the payments made in respect of the grant under this paragraph, or
b
the amount mentioned in sub-paragraph (8)(a)(ii),
whichever the Secretary of State determines to be just.
10
When deciding whether to make any grant to a body under this paragraph in circumstances where he considers that it would be appropriate to impose requirements falling within sub-paragraph (8), the Secretary of State may have regard to whether, if such requirements were imposed, that body would have an enforceable right against some other person to be given by that person such financial assistance as would be necessary to enable them to pay to the Secretary of State the amount mentioned in sub-paragraph (9).
11
No grant may be paid under this paragraph in respect of any expenses incurred in the provision of any premises which it is the duty of the F382local authority to provide.
12
In this paragraph—
“appropriate schools”—
- a
in relation to a voluntary aided school having a religious character, means schools which are either foundation or voluntary schools and whose specified religion or religious denomination under section 69(4) is the same as that school’s, and
- b
in relation to any other voluntary aided school, means maintained schools;
- a
“relevant body”, in relation to a voluntary aided school, means the appropriate diocesan authority or the school’s trustees;
F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E6C505
1
The Secretary of State may make grants—
a
to the governing body of a voluntary aided school in respect of qualifying expenditure incurred by them; or
b
to a relevant body in the case of such a school, in respect of qualifying expenditure incurred by that body on behalf of the governing body.
2
In sub-paragraph (1) “qualifying expenditure” means expenditure in respect of the provision, alteration or repair of premises or equipment for the school.
3
The amount of any grant paid under this paragraph in respect of any such expenditure—
a
shall not exceed 85 per cent. of the expenditure, and
b
in the case of any prescribed class or description of such expenditure, shall be such as may be determined in accordance with regulations.
4
The times at which, and the manner in which, payments are made in respect of a grant under this paragraph shall be such as may be determined from time to time by the Secretary of State.
5
Without prejudice to any other duty of his, the Secretary of State shall, in performing functions relating to the exercise of the power under this paragraph to make grants in respect of expenditure on—
a
such alterations to school buildings as are referred to in paragraph 3(2)(a), or
b
the repair of school buildings,
give priority to paying grants in respect of expenditure which is necessary for the performance by governing bodies of their duties; and the amount of any grant paid in the exercise of that power in respect of such expenditure on the repair of school buildings shall be 85 per cent. of the expenditure.
6
Any body to whom any payment is made in respect of a grant under this paragraph shall comply with such requirements determined by the Secretary of State as he may from time to time impose.
7
Such requirements—
a
may be imposed on, or at any time after, the making of any payment by reference to which they are imposed, and
b
may at any time be waived, removed or varied by the Secretary of State;
but such requirements may be imposed after the making of any such payment only if the Secretary of State is satisfied that in all the circumstances it is reasonable for them to be so imposed.
8
Such requirements may, in particular, if any conditions specified in the requirements are satisfied—
a
require the application for purposes connected with the provision of education in appropriate schools of—
i
any premises or equipment in respect of which the grant has been paid under this paragraph, or
ii
an amount equal to so much of the value of any such premises or equipment as is determined in accordance with the requirements to be properly attributable to the payment of the grant; and
b
in the event that that requirement is not complied with, require the payment to the Secretary of State of the whole or any part of the following amount.
9
That amount is—
a
the amount of the payments made in respect of the grant under this paragraph, or
b
the amount mentioned in sub-paragraph (8)(a)(ii),
whichever the Secretary of State determines to be just.
10
When deciding whether to make any grant to a body under this paragraph in circumstances where he considers that it would be appropriate to impose requirements falling within sub-paragraph (8), the Secretary of State may have regard to whether, if such requirements were imposed, that body would have an enforceable right against some other person to be given by that person such financial assistance as would be necessary to enable them to pay to the Secretary of State the amount mentioned in sub-paragraph (9).
11
No grant may be paid under this paragraph in respect of any expenses incurred in the provision of any premises which it is the duty of the F382local authority to provide.
12
In this paragraph—
“appropriate schools”—
- a
in relation to a voluntary aided school having a religious character, means schools which are either foundation or voluntary schools and whose specified religion or religious denomination under section 69(4) is the same as that school’s, and
- b
in relation to any other voluntary aided school, means maintained schools;
- a
“relevant body”, in relation to a voluntary aided school, means the appropriate diocesan authority or the school’s trustees;
“repair” does not include repair falling within paragraph 3(3).
Grants by Secretary of State in respect of preliminary expenditure
E76
1
The Secretary of State may pay grants—
a
to the governing body of a voluntary aided school in respect of preliminary expenditure incurred F11or to be incurred by them for the purposes of any scheme for the transfer of the school to a new site or the enlargement or alteration of the school premises, or
b
to a relevant body in the case of such a school, in respect of any preliminary expenditure incurred F11or to be incurred by them, on behalf of the governing body, for the purposes of any such scheme.
2
Where any persons propose or are considering whether to propose the establishment of a voluntary aided school, the Secretary of State may pay grants to them in respect of any preliminary expenditure incurred F12or to be incurred by them for the purposes of a scheme for the provision of a site for the school or of any buildings which would be F13used for the purposes of the school.
3
Grants under sub-paragraph (1) or (2) may be paid in respect of a scheme such as is mentioned in that sub-paragraph whether or not—
a
the details of such a scheme had been formulated at the time when the expenditure was incurred,
b
where such details were not formulated at that time, they are subsequently formulated,
c
the governing body or persons in question had determined to proceed with such a scheme at that time, or
d
where they had not determined to proceed with such a scheme at that time, they subsequently determine to proceed with such a scheme.
4
Expenditure in respect of which such grants are payable includes, in particular, costs incurred in connection with—
a
the preparation of plans and specifications for any proposed construction, enlargement or alteration of buildings which are or would be F14used for the purposes of the school, and
b
estimating the sums which would be expended if any such works were carried out,
but does not include any sums expended in carrying out any such works.
F155
A grant under sub-paragraph (1) or (2) shall not exceed 90 per cent of the expenditure or, if the Secretary of State considers that the circumstances are exceptional, shall not exceed 100 per cent of the expenditure, in respect of which it is paid.
6
Where—
a
a grant is paid under sub-paragraph (1) in the case of any voluntary aided school, or
b
a grant is paid under sub-paragraph (2) in the case of any school which is established as a voluntary aided school,
the grant shall for the purposes of section 30(2) be treated as expenditure incurred by the Secretary of State (otherwise than in connection with repairs) in respect of the school premises.
7
In this paragraph “relevant body”, in relation to a voluntary aided school, means the appropriate diocesan authority or the school’s trustees.
E86
1
The Secretary of State may pay grants—
a
to the governing body of a voluntary aided school in respect of preliminary expenditure incurred by them for the purposes of any scheme for the transfer of the school to a new site or the enlargement or alteration of the school premises, or
b
to a relevant body in the case of such a school, in respect of any preliminary expenditure incurred by them, on behalf of the governing body, for the purposes of any such scheme.
2
Where any persons propose or are considering whether to propose the establishment of a voluntary aided school, the Secretary of State may pay grants to them in respect of any preliminary expenditure incurred by them for the purposes of a scheme for the provision of a site for the school or of any buildings which would be school buildings.
3
Grants under sub-paragraph (1) or (2) may be paid in respect of a scheme such as is mentioned in that sub-paragraph whether or not—
a
the details of such a scheme had been formulated at the time when the expenditure was incurred,
b
where such details were not formulated at that time, they are subsequently formulated,
c
the governing body or persons in question had determined to proceed with such a scheme at that time, or
d
where they had not determined to proceed with such a scheme at that time, they subsequently determine to proceed with such a scheme.
4
Expenditure in respect of which such grants are payable includes, in particular, costs incurred in connection with—
a
the preparation of plans and specifications for any proposed construction, enlargement or alteration of buildings which are or would be school buildings, and
b
estimating the sums which would be expended if any such works were carried out,
but does not include any sums expended in carrying out any such works.
5
A grant under sub-paragraph (1) or (2) shall not exceed 85 per cent. of the expenditure in respect of which it is paid.
6
Where—
a
a grant is paid under sub-paragraph (1) in the case of any voluntary aided school, or
b
a grant is paid under sub-paragraph (2) in the case of any school which is established as a voluntary aided school,
the grant shall for the purposes of section 30(2) be treated as expenditure incurred by the Secretary of State (otherwise than in connection with repairs) in respect of the school premises.
7
In this paragraph “relevant body”, in relation to a voluntary aided school, means the appropriate diocesan authority or the school’s trustees.
Loans by Secretary of State in respect of initial F25expensesF25expenditure
Cross-heading preceding Sch. 3 para. 7: "expenditure" substituted for "expenses" (E.) (1.4.2002) by The Regulatory Reform (Voluntary Aided Schools Liabilities and Funding) (England) Order 2002 (S.I. 2002/906), art. 9
E97
1
Where, on the application of the governing body of a voluntary aided school and after consulting persons representing the governing body, the Secretary of State—
a
is satisfied that the governing body’s share of any F16initial expenditure required in connection with the school premises will involve capital expenditure, and
b
having regard to all the circumstances of the case, considers that that F17capital expenditure ought properly to be met by borrowing,
he may make a loan to the governing body for the purpose of helping them meet that expenditure.
2
The amount, rate of interest and other terms and conditions applicable to the loan shall be such as may be specified in an agreement made between the Secretary of State and the governing body with the consent of the Treasury.
3
For the purposes of this paragraph F18“initial expenditure” is expenditure to be incurred in providing—
a
a site or F19. . . buildings for a voluntary aided school in connection with—
i
the implementation of any proposals for a prescribed alteration to the school published under section 28, or
ii
the transfer of the school to a new site, or
b
a site or F20. . . buildings for a new voluntary aided school,
being F21expenditure in respect of which grants may be paid under paragraph 5.
4
For the purposes of this paragraph the governing body’s share of any F22initial expenditure shall be taken to be so much of the F23expenditure as remains to be borne by the governing body after taking into account the amount of any grant under paragraph 5 that may be paid or payable in respect of them.
5
The preceding provisions of this paragraph shall apply for the purpose of enabling loans to be made to a relevant body (within the meaning of paragraph 5) in respect of F24expenditure incurred by that body on behalf of the governing body as it applies to F24expenditure incurred by the governing body; and in those provisions, as they apply in relation to a new voluntary aided school, references to the governing body are to the promoters.
6
Paragraph 3(3) of Schedule 10 (consent to borrowing) does not apply to any borrowing by a governing body under this paragraph.
E107
1
Where, on the application of the governing body of a voluntary aided school and after consulting persons representing the governing body, the Secretary of State—
a
is satisfied that the governing body’s share of any initial expenses required in connection with the school premises will involve capital expenditure, and
b
having regard to all the circumstances of the case, considers that that expenditure ought properly to be met by borrowing,
he may make a loan to the governing body for the purpose of helping them meet that expenditure.
2
The amount, rate of interest and other terms and conditions applicable to the loan shall be such as may be specified in an agreement made between the Secretary of State and the governing body with the consent of the Treasury.
3
For the purposes of this paragraph “initial expenses” are expenses to be incurred in providing—
a
a site or school buildings for a voluntary aided school in connection with—
i
the implementation of any proposals for a prescribed alteration to the school published under section 28, or
ii
the transfer of the school to a new site, or
b
a site or school buildings for a new voluntary aided school,
being expenses in respect of which grants may be paid under paragraph 5.
4
For the purposes of this paragraph the governing body’s share of any initial expenses shall be taken to be so much of the expenses as remains to be borne by the governing body after taking into account the amount of any grant under paragraph 5 that may be paid or payable in respect of them.
5
The preceding provisions of this paragraph shall apply for the purpose of enabling loans to be made to a relevant body (within the meaning of paragraph 5) in respect of expenses incurred by that body on behalf of the governing body as it applies to expenses incurred by the governing body; and in those provisions, as they apply in relation to a new voluntary aided school, references to the governing body are to the promoters.
6
Paragraph 3(3) of Schedule 10 (consent to borrowing) does not apply to any borrowing by a governing body under this paragraph.
Assistance by F383local authorities in respect of maintenance and other obligations of governing bodies
8
A F382local authority 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 under paragraph 3.
Duty to transfer interest in premises provided under paragraph 8
9
1
Where assistance under paragraph 8 consists of the provision of any premises for use for the purposes of a school, the F382local authority shall transfer their interest in the premises—
a
to the trustees of the school, 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, 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 shall be made to such persons as the Secretary of State thinks proper.
3
The authority shall 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.
F188Meaning of “capital expenditure”
Sch. 3 para. 9A 9B and cross-heading inserted (1.4.2007 for the insertion of Sch. 3 para. 9A(3), 25.5.2007 in so far as not already in force) by Education and Inspections Act 2006 (c. 40), ss. 35(3), 188(3); S.I. 2007/935, arts. 5(i), 7(j)
9A
1
This paragraph applies for the purposes of this Schedule as it applies in relation to England.
2
Subject to sub-paragraphs (3) and (4), references in this Schedule to capital expenditure, in relation to an appropriate body or the promoters, in the case of a voluntary aided school, are references to—
a
expenditure of the body or, as the case may be, the promoters which falls to be capitalised in accordance with proper accounting practices, or
b
expenditure which would fall to be so capitalised were it to be incurred by the body or, as the case may be, the promoters.
3
The Secretary of State may by regulations prescribe classes or descriptions of expenditure which are to be treated for the purposes of this Schedule as being, or as not being, capital expenditure in relation to—
a
any appropriate body, or any prescribed class or description of appropriate body;
b
any promoters, or any prescribed class or description of promoters.
4
The Secretary of State may by direction provide that, in the case of a particular voluntary aided school—
a
expenditure of a particular appropriate body which is expenditure of a particular class or description;
b
expenditure of particular promoters which is expenditure of a particular class or description,
is to be treated for the purposes of this Schedule as being, or as not being, capital expenditure in relation to that body, or as the case may be, those promoters.
5
Directions under sub-paragraph (4) may be expressed to have effect in specified circumstances or subject to specified conditions.
6
In this paragraph an “appropriate body”, in the case of a voluntary aided school, means—
a
the governing body of the school, or
b
a relevant body in relation to the school (within the meaning of paragraph 5).
9B
1
For the purposes of paragraph 9A, “proper accounting practices”, in relation to an appropriate body or the promoters, in the case of a voluntary aided school, 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 appropriate body, or as the case may be, the promoters, 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 F382local 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.
3
In this paragraph an “appropriate body”, in the case of a voluntary aided school, has the same meaning as in paragraph 9A.
Part III Foundation, voluntary and foundation special schools: common provisions
Default powers of Secretary of State
10
1
Where it appears to the Secretary of State that a F382local authority have defaulted in the discharge of their duties relating to the maintenance of a foundation, voluntary or foundation special school, he may—
a
direct that any act done by or on behalf of the school’s governing body for the purpose of securing the proper maintenance of the school shall be taken to have been done by or on behalf of the authority, and
b
reimburse to the governing body any sums which in his opinion they have properly expended for that purpose.
2
The amount of any sum reimbursed under sub-paragraph (1) shall be recoverable by the Secretary of State as a debt due to him from the authority; and without prejudice to any other method of recovery the whole or any part of any such sum may be deducted from any sums payable to the authority by the Secretary of State in pursuance of any regulations relating to the payment of grants.
Endowments
11
Where any sums accruing in respect of the income of an endowment are required by virtue of the provisions of a trust deed to be applied towards the maintenance of a foundation, voluntary or foundation special school, those sums shall not be payable to the F382local authority but shall be applied by the governing body of the school—
a
(in the case of a voluntary aided school) towards the discharge of their obligations under paragraph 3, or
b
(in the case of any school) in such manner, if any, as may be determined by a scheme for the administration of the endowment made after 1st April 1945.
Disapplication of restriction on local authority disposals
12
Subsection (2) of section 123 of the M9Local Government Act 1972 (local authority prohibited from making disposal of land under that section below market value without consent of the Secretary of State) shall not apply in the case of a disposal—
a
to the governing body of a foundation, voluntary or foundation special school, or
b
to persons proposing to establish such a school.
F191SCHEDULE 4 School organisation committees
Sch. 4 repealed (25.5.2007) by Education and Inspections Act 2006 (c. 40), ss. 29, 188(3), Sch. 18 Pt. 3; S.I. 2007/935, art. 7(g)(q)
F191 Interpretation
F1911
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F191 Election of chairmen and appointment of members
F1912
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F191 Allowances for members
F1913
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F191 Financial and other assistance by Local Education AuthorityLEA
F1914
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F191 Proceedings
F1915
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1916
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1917
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1918
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F191 Indemnity
F1919
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F191 Default powers of Secretary of State
F19110
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 5 Adjudicators
Interpretation
1
In this Schedule “adjudicator” means a person appointed under section 25.
Tenure of office
2
1
Subject to sub-paragraphs (2) and (3), an adjudicator shall hold and vacate office in accordance with the terms of his appointment.
2
An adjudicator—
a
may at any time resign his office by notice in writing to the Secretary of State; and
b
is eligible for re-appointment if he ceases to hold office.
3
An adjudicator may be removed from office by the Secretary of State on the ground of incapacity or misbehaviour.
Remuneration and pensions
3
1
The Secretary of State may pay to an adjudicator such remuneration and allowances as the Secretary of State may determine.
2
If the Secretary of State so determines in the case of any adjudicator, the Secretary of State may pay or make provision for the payment of such sums by way of pension, allowances and gratuities to or in respect of him as the Secretary of State may determine.
Staff and accommodation etc.
4
The Secretary of State may—
a
provide an adjudicator with such administrative staff as the adjudicator may require; and
b
provide, or defray the expenses of providing, an adjudicator with such accommodation and other facilities as the adjudicator may require.
Procedure
5
1
Regulations may make provision as to the procedure to be followed in connection with the reference, under this Part or Part III of this Act F203or under Part 2 of the Education and Inspections Act 2006, of matters to adjudicators and their determination of matters so referred.
2
The regulations may, in particular, make provision—
a
as to the manner in which matters may be referred to adjudicators;
b
for determining the adjudicators to which individual referrals are to be made;
c
authorising adjudicators to hold local inquiries;
d
as to the procedure to be followed where local inquiries are held by adjudicators (whether by virtue of paragraph (c) or otherwise);
e
authorising adjudicators to appoint assessors to sit with them at such inquiries to advise them on matters arising;
f
requiring anything falling to be done under the regulations to be done within such period as may be specified in or determined in accordance with the regulations.
3
Subject to any provision made by the regulations, an adjudicator may regulate his own procedure.
4
The Secretary of State may make orders—
a
as to the costs of the parties at any local inquiry held by an adjudicator (whether by virtue of sub-paragraph (2)(c) or otherwise), and
b
as to the parties by whom the costs are to be paid;
and any costs payable under any such order shall be subject to taxation in such manner as the Secretary of State may direct.
6
When taking any decision an adjudicator shall have regard (so far as relevant) to the obligations which, by virtue of—
b
Parts 3 and 6 of the Equality Act 2010,
are owed by any F382local authority or governing body which will be affected by the decision.
Indemnity
7
The Secretary of State shall indemnify an adjudicator against any reasonable legal costs and expenses reasonably incurred by him in connection with any decision or action taken by him in good faith in pursuance of his functions as an adjudicator.
Parliamentary disqualification
8
In Part III of Schedule 1 to the M10House of Commons Disqualification Act 1975 (disqualifying offices), at the appropriate place there shall be inserted—
Adjudicator appointed under section 25 of the School Standards and Framework Act 1998.
Parliamentary Commissioner
9
For the purposes of section 5 of the M11Parliamentary Commissioner Act 1967 (matters subject to investigation) administrative functions exercisable by any person provided by the Secretary of State under paragraph 4 above shall be taken to be administrative functions of F322the F384Department for Education.
Supervision of Council on Tribunals
10
1
In section 7 of the M12Tribunals and Inquiries Act 1992 (which restricts Ministers’ powers to remove members of tribunals listed in Schedule 1 to that Act) in subsection (2) (tribunals to which that section does not apply) after “14,” there shall be inserted “
15(f),
”
.
2
In Schedule 1 to that Act (tribunals under the supervision of the Council on Tribunals) at the end of paragraph 15 (tribunals concerned with education) there shall be inserted—
(f) an adjudicator appointed under section 25 of the School Standards and Framework Act 1998.
C21C31C48 SCHEDULE 6F193Statutory Proposals concerning schools in Wales: Procedure and implementation
Sch. 6 heading substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 33(2); S.I. 2007/935, art. 7(o)
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)
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
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)
C9C38C43C48 Part I Procedure for dealing with statutory proposals: England
Sch. 6 Pt. I applied (with modifications) (1.9.1999) by S.I. 1999/2259, regs. 5(1), 10, Sch. 1.
Sch. 6 Pt. I applied (with modifications) (1.9.1999) by S.I. 1999/2259, regs. 5(2), 10, Sch. 1.
Sch. 6 Pt. 1 (paras. 1-5) applied (with modifications) (E.) (1.9.2000) by S.I. 2000/2195, reg. 4(1), Sch. 1 (as amended (15.9.2003) by The Education (Change of Category of Maintained Schools) (Amendment) (England) Regulations 2003 (S.I. 2003/2136), regs. 1(1), 10)
Sch. 6 Pt. I amendment to earlier affecting provision S.I. 2000/2195, Sch. 1 (E.) (15.9.2003) by The Education (Change of Category of Maintained Schools) (Amendment) (England) Regulations 2003 (S.I. 2003/2136), regs. 1(1), 10
Sch. 6 Pt. 1 applied (with modifications) by S.I. 2000/2195, reg. 4(3), Schs. 2A, 2B (as inserted (1.8.2005) by The Education (Change of Category of Maintained Schools) (Amendment) (England) Regulations 2005 (S.I. 2005/1731), regs. 1(1), 5, 7)
Application of Part I
F1921
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Objections
F1922
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Approval of proposals
F1923
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Determination by LEA whether to implement proposals
F1924
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Requirement to implement proposals
F1925
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C17C31C48 Part IIF194procedure for dealing with statutory proposals
Sch. 6 Pt. 2 heading substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 33(4); S.I. 2007/935, art. 7(o)
Sch. 6 Pt. II applied (with modifications) (1.9.1999) (temp.) by S.I. 1999/2633, regs. 4, 5(1), Sch. 1.
Sch. 6 Pt. II modified (1.9.1999) by S.I. 1999/2633, reg. 5(2), Sch. 2.
Application of Part II
C106
This Part of this Schedule applies to proposals published under section 28, 29 or 31 F204....
Objections
C11C58C597
C121
Any person may make objections to any proposals published under section 28, 29 or 31.
2
Where the proposals were published by a F382local authority—
a
any objections under this paragraph shall be sent to the authority within such period as may be prescribed (“the objection period”); and
b
within such period as may be prescribed the authority shall send to the F205Assembly copies of all objections made (and not withdrawn in writing) within the objection period, together with the authority’s observations on them.
C133
Where the proposals were published by a governing body or promoters, any objections under this paragraph shall be sent to the F206Assembly within such period as may be prescribed.
Approval of proposals
8
C141
Proposals published under section 28, 29 or 31 require approval under this paragraph if—
a
b
objections to the proposals have been made in accordance with paragraph 7 and any of them have not been withdrawn in writing within the objection period.
C152
Where any proposals require approval under this paragraph, the F207Assembly may—
a
reject the proposals,
b
approve them without modification, or
c
approve them with such modifications as F209it thinks desirable after consulting such persons or bodies as may be prescribed.
C143
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.
F1374
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C145
Sub-paragraph (1) does not prevent the body or promoters by whom any proposals have been published under section 28, 29 or 31 from withdrawing those proposals by notice in writing given to the F207Assembly at any time before the proposals are approved under this paragraph.
Determination whether to implement proposals
9
1
Where any proposals published under section 28, 29 or 31 do not require approval under paragraph 8, the body or promoters by whom the proposals were published shall determine whether the proposals should be implemented.
2
Any determination under sub-paragraph (1) must be made within four months after a copy of the published proposals was sent to the F210Assembly under section 28, 29 or 31.
3
The body or promoters in question shall notify the F211Assembly of any determination made by them under sub-paragraph (1).
Requirement to implement proposals
C16I1C4910
1
Where—
a
any proposals published under section 28, 29 or 31 have been approved under paragraph 8, or
b
the body or promoters by whom such proposals were published have determined under paragraph 9 to implement the proposals,
then (subject to the following provisions of this paragraph) the proposals shall be implemented, in the form in which they were so approved or determined, in accordance with Part III of this Schedule.
2
At the request of any prescribed body or persons, the F212Assembly—
a
may modify the proposals after consulting such persons or bodies as may be prescribed; and
b
where any approval under paragraph 8 was given in accordance with sub-paragraph (3) of that paragraph, may specify a later date by which the event in question must occur.
3
If the F212Assembly is 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,
F213it may determine that sub-paragraph (1) shall cease to apply to the proposals.
4
The F212Assembly may only make a determination under sub-paragraph (3) where proposals that F214it should do so have been published, in accordance with regulations, by the body or promoters who published the proposals referred to in that sub-paragraph; and regulations so made may provide for any of the provisions of sections 28, 29 and 31 and this Part of this Schedule to have effect in relation to any such further proposals with or without modifications.
5
Where—
a
any approval under paragraph 8 was given in accordance with sub-paragraph (3) of that paragraph, and
b
the event specified under that sub-paragraph does not occur by the date in question (whether as specified under that sub-paragraph or as specified under sub-paragraph (2)(b) above),
sub-paragraph (1) above shall cease to apply to the proposals.
6
Where, by virtue of sub-paragraph (3) F26..., sub-paragraph (1) ceases to apply to any proposals, those proposals shall be treated for the purposes of this Schedule as if they had been rejected under paragraph 8.
F277
C19C47C48 Part III Manner of implementation of statutory proposals
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
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
11
In this Part of this Schedule “proposals” means proposals falling to be implemented under paragraph F215... 10.
Proposals relating to community or maintained nursery schools
C1812
1
This paragraph applies to proposals relating to a community or F61maintained nursery school or a proposed such school.
2
Proposals relating to foundation or voluntary controlled schools
13
1
This paragraph applies to proposals relating to a foundation or voluntary controlled school or a proposed such school.
2
F1443
Where the proposals were published—
a
under section 28(2) F218..., by promoters, or
b
under section 28(2), by the governing body,
they shall be implemented by the F382local 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 F382local authority as well.
Proposals relating to voluntary aided schools
E1114
1
This paragraph applies to proposals relating to a voluntary aided school or a proposed such school.
2
Where the proposals were published by the governing body under section 28(2) or 29(2), they shall be implemented—
a
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) F219... by promoters, they shall be implemented—
a
b
otherwise by the promoters.
4
F30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
Nothing in sub-paragraph (3) requires a F382local authority to provide any F31such 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
F32those 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 F382local authority under section 29(1), they shall be implemented by the authority.
E1214
1
This paragraph applies to proposals relating to a voluntary aided school or a proposed such school.
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 F382local 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) F219... 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 F382local 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 F382local 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 F382local authority under section 29(1), they shall be implemented by the authority.
Proposals relating to community or foundation special schools
15
1
This paragraph applies to proposals relating to—
a
a community or foundation special school; or
b
a proposed such school.
2
Where the proposals were published by a F382local 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 F382local 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 F382local authority as well.
C31C48Part IV Provision of premises and other assistance
Provision of site and buildings for foundation, voluntary controlled or foundation special school
C20C31C39C34C5216
1
This paragraph applies where a F382local authority are required—
a
by virtue of paragraph 13(2) or (3) to provide a site for a foundation or voluntary controlled school or a proposed such school; or
b
by virtue of paragraph 15(2) or (3) to provide a site for a foundation special school.
2
The authority shall transfer their interest in the site and in any buildings on the site which are to form part of the school 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 shall be made to such persons as the F220Assembly thinks proper.
4
The authority shall 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 shall notify the F382local authority that paragraph (b) applies to them and they or their successors shall pay to the F382local 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 F220Assembly.
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 shall be had to any guidance given from time to time by the F220Assembly.
7
Any sum paid under sub-paragraph (5) shall be treated for the purposes of section 14 of the M13Schools 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 M14Reverter of Sites Act 1987 (right of reverter replaced by trust for sale) if (and only if)—
a
the determination is made by the F220Assembly, and
b
F221it is satisfied that steps have been taken to protect the interests of the beneficiaries under the trust.
9
Sub-paragraph (5) shall 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 1 to 3 of Schedule 22 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, or
- b
in relation to a transfer to a school’s governing body, the purposes of the school;
- a
“site” does not include playing fields but otherwise includes any site which is to form part of the premises of the school in question.
Grants in respect of certain expenditure relating to existing or proposed voluntary aided school
C40C31C35C48C44C5317
1
This paragraph applies where—
a
the governing body of a voluntary aided school are required by virtue of paragraph 14(2) to implement proposals relating to a prescribed alteration to the school; or
b
any promoters are required by virtue of paragraph 14(3) to implement proposals involving the establishment of a new voluntary aided school.
2
Paragraph 5 of Schedule 3—
a
shall apply in relation to the voluntary aided school mentioned in sub-paragraph (1)(a) above; and
b
shall apply in relation to the new voluntary aided school mentioned in sub-paragraph (1)(b) above 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 the promoters; and
b
where requirements are imposed in relation to grant paid by virtue of this paragraph to the promoters, the requirements shall be complied with by the governing body, when they are constituted, as well as by the promoters.
Assistance in respect of maintenance and other obligations relating to voluntary aided school
C41C31C5418
A F382local authority 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 arising by virtue of paragraph 14(2) in relation to proposals published by them under section 28.
Assistance for promoters of new voluntary aided school
C36C48C4519
A F382local authority may give to persons required by virtue of paragraph 14(3) 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.
Duty to transfer interest in premises provided under paragraph 18 or 19
C31C42C37C48C4620
1
Where assistance under paragraph 18 or 19 consists of the provision of any premises for use for the purposes of a school, the F382local authority shall transfer their interest in the premises—
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 shall be made to such persons as the F222Assembly thinks proper.
3
The authority shall 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.
Part V Transitional exemption orders for purposes of Sex Discrimination Act 1975
F195...
Sch. 6 para. 21 heading repealed (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 33(16), Sch. 18 Pt. 3; S.I. 2007/935, art. 7(o)(q)
F22321
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F196Single-sex schools
Sch. 6 para. 22 heading substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 33(17); S.I. 2007/935, art. 7(o)
22
1
This paragraph applies to proposals for a school in Wales to cease to be an establishment which admits pupils of one sex only.
2
Sub-paragraph (3) applies where—
a
such proposals are made under section 28 and, in accordance with subsection (7) of that section, the relevant body send a copy of the published proposals to the F224Assembly; or
b
such proposals are made under section 31 and, in accordance with subsection (6) of that section, the relevant body send a copy of the published proposals to the F224Assembly.
3
F2264
In this paragraph—
F389“the 2010 Act” means the Equality Act 2010,
“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 F390section 85 of the 2010 Act, and
“transitional exemption order” has the same meaning as in F391paragraph 3 of Schedule 11 to the 2010 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 F392paragraph 3 of Schedule 11 to the 2010 Act (single-sex establishments becoming co-educational).
C23C31 SCHEDULE 7F140RATIONALISATION OF SCHOOL PLACES IN WALES
Sch. 7 heading substituted (1.9.2006) by Education Act 2005 (c. 18), s. 125(4), Sch. 12 para. 14(2); S.I. 2006/2129, art. 4
Sch. 7 modified (1.9.1999) by S.I. 1999/704, regs. 21, 22, Sch.
Part I Introductory
1
In this Schedule—
a
“powers to make proposals for the establishment, alteration or discontinuance of schools” means all or any of the powers of the F382local authority to publish proposals under section 28, 29 or 31; and
b
“powers to make proposals for the alteration of their school”, in relation to the governing body of a foundation, voluntary or foundation special school, means their powers to publish proposals under section 28(2)(b) or 31(2)(a).
F1411A
In this Schedule “the Assembly” means the National Assembly for Wales.
Part II Directions to bring forward proposals
Directions to bring forward proposals to remedy excessive provision
2
1
This paragraph applies where the F145Assembly is of the opinion that the provision for primary or secondary education in maintained schools—
b
in any part of such an area,
is excessive.
2
For the purpose of remedying the excess, the F145Assembly may—
a
by an order under this paragraph direct the F382local authority to exercise their powers to make proposals for the establishment, alteration or discontinuance of schools, and
b
in the case of any foundation, voluntary or foundation special school maintained by the authority, by an order under this paragraph direct the governing body to exercise their powers to make proposals for the alteration of their school.
3
An order under sub-paragraph (2) shall—
a
require the proposals to be published not later than such date as may be specified in the order, and
b
require the proposals to apply such principles in giving effect to the direction as may be specified in the order.
4
An order under sub-paragraph (2)(a) may not require the proposals to relate to any named school.
F1475
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Directions to bring forward proposals to remedy insufficient provision
3
1
This paragraph applies where the F149Assembly is of the opinion that the provision for primary or secondary education in maintained schools—
b
in any part of such an area,
is, or is likely to become, insufficient.
2
The F149Assembly may—
a
by an order under this paragraph direct the F382local authority to exercise their powers to make proposals for the establishment, alteration or discontinuance of schools, and
b
in the case of any foundation, voluntary or foundation special school maintained by the authority, by an order under this paragraph direct the governing body to exercise their powers to make proposals for the alteration of their school,
with a view (in each case) to securing that provision is made for such additional number of pupils in the area, or in any such part of the area, as may be specified in the order.
3
An order under sub-paragraph (2) shall—
a
require the proposals to be published not later than such date as may be specified in the order, and
b
require the proposals to apply such principles in giving effect to the direction as may be specified in the order.
4
An order under sub-paragraph (2)(a) may not require the proposals to relate to any named school.
F1485
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Supplementary provisions
C324
F1511
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1512
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1513
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1514
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1515
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1516
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
8
Where the governing body of a foundation, voluntary or foundation special school make any proposals in pursuance of any such order under paragraph 2(2) or 3(2), the F382local authority shall reimburse any expenditure reasonably incurred by the governing body in making the proposals.
9
Where—
a
proposals made by the governing body of a foundation, voluntary or foundation special school in pursuance of any such order under paragraph 2(2) or 3(2) are approved or, as the case may be, determined to be implemented, or
F154b
proposals adopted under paragraph 14 have effect as mentioned in paragraph 15(b),
then, despite anything in Part III of Schedule 6, the F382local authority shall defray the cost of implementing the proposals.
Part IIIF142PROPOSALS BY NATIONAL ASSEMBLY FOR WALES
Sch. 7 Pt. 3 heading substituted (1.9.2006) by Education Act 2005 (c. 18), s. 125(4), Sch. 12 para. 14(7); S.I. 2006/2129, art. 4
Publication of proposals
C335
1
Where—
a
the F155Assembly has, in relation to the area of any F382local authority or any part of such an area, made an order under paragraph 2(2) or 3(2) directing the F382local authority or the governing body of a foundation, voluntary or foundation special school to make proposals for the establishment, alteration or discontinuance of schools or (as the case may be) for the alteration of their school, and
b
either—
i
any proposals have been published in pursuance of the order, or
ii
the time allowed under the order for the publication of the proposals has expired,
F156the Assembly may make any such proposals as might have been made in accordance with the order relating to that area or that part of that area by the body to whom the directions were given.
2
Proposals under this paragraph shall—
a
contain such information, and
b
be published in such manner,
as may be prescribed.
F1573
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
F158The Assembly shall send a copy of the proposals—
a
to the F382local authority for the area, and
b
to the governing body of each school to which the proposals relate.
F139Part IV Procedure for dealing with proposals under paragraph 5: England
Sch. 7 Pt. 4 repealed (1.9.2006) by Education Act 2005 (c. 18), s. 125(4), Sch. 12 para. 14(9), Sch. 19 Pt. 2; S.I. 2006/2129, art. 4
F139 Application of Part IV
F1396
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F139 Objections
F1397
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F139 Approval of proposals
F1398
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F139 Local inquiry into proposals
F1399
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F139 Implementation of proposals
F13910
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part V Procedure for dealing with proposals under paragraph 5: Wales
Application of Part V
11
This Part of this Schedule applies to proposals published under paragraph 5 which relate to an area in Wales.
Objections
12
1
Any person may make objections to any proposals published under paragraph 5.
2
Objections under this paragraph—
a
shall be sent to the F159Assembly; and
b
shall be so sent within such period as may be prescribed.
Local inquiry into proposals
13
1
2
If objections have been made under paragraph 12(1) within the period prescribed in accordance with paragraph 12(2)(b), then, unless all objections so made have been withdrawn in writing within that period, F161the Assembly shall cause a local inquiry to be held to consider F161the Assembly's proposals, any proposals F161the Assembly refers to the inquiry and any such objections.
3
Any proposals referred to a local inquiry under this paragraph require the approval of the F162Assembly (if they would not require such approval apart from this sub-paragraph).
4
Where the F163Assembly has a duty to cause a local inquiry to be held under this paragraph, F164the Assembly shall refer to the inquiry—
a
any other proposals published under paragraph 5 in relation to the area of the F382local authority (and not withdrawn),
b
any proposals made by that authority in the exercise of their powers to make proposals for the establishment, alteration or discontinuance of schools (and not withdrawn), F33...
c
any proposals made by the governing body of any foundation, voluntary or foundation special school in the area in the exercise of their powers to make proposals for the alteration of their school (and not withdrawn), F34and
d
any proposals published under Schedule 7 to the Learning and Skills Act 2000 (and not withdrawn).
where those proposals are not determined before F165the Assembly causes the inquiry to be held and appear F166to the Assembly to be related to the proposals made under paragraph 5 in respect of which F167it is required under this paragraph to cause the inquiry to be held.
5
If, before the F168Assembly causes the inquiry to be held, F169the Assembly forms the opinion that any proposals ought to be implemented, sub-paragraph (4) does not require F170the Assembly to refer those proposals to the inquiry unless—
a
before the proceedings on the inquiry are concluded, or
b
(if earlier) the proposals are determined,
F171the Assembly subsequently forms a different opinion.
6
It shall not be open to the inquiry to question the principles specified in the order under paragraph 2(2) or 3(2).
7
References in this paragraph to the determination of any proposals are to—
a
any determination whether or not to approve or adopt the proposals under paragraph 8 of Schedule 6 or paragraph 14 below, F35. . .
b
any determination whether or not to implement the proposals under paragraph 9 of Schedule 6 F36and
c
any determination whether or not to approve the proposals under Schedule 7 to the Learning and Skills Act 2000.
Adoption of proposals
14
1
Where the F172Assembly has published proposals under paragraph 5 in respect of which F173it is required to cause a local inquiry to be held, F173it may when F173it has considered the report of the person appointed to hold the inquiry do one or more of the following—
a
b
approve, with or without modifications, or reject any other proposals which F173it referred to the inquiry; and
c
make any such further proposals under paragraph 5 as might have been made in accordance with the order or orders relating to the area of the F382local authority concerned by the body to whom the directions were given.
2
Where the F175Assembly has published proposals under paragraph 5 in respect of which F176it is not required to cause a local inquiry to be held and which F176it is not required to refer to such an inquiry, F176it may, after considering any objections made under paragraph 12(1) (and not withdrawn) within the period prescribed in accordance with paragraph 12(2)(b)—
a
adopt the proposals with or without modifications; or
b
determine not to adopt the proposals.
3
Any adoption of proposals under this paragraph may be expressed to take effect only if an event specified in the adoption occurs by a date so specified.
Implementation of proposals
15
Proposals adopted by the F177Assembly under paragraph 14 shall have effect as if they—
a
had been made by the F382local authority under their powers to make proposals for the establishment, alteration or discontinuance of schools, or
b
in any case where the proposals are for the alteration of a foundation, voluntary or foundation special school, had been made by the governing body under their powers to make proposals for the alteration of their school,
and had been approved by the F177Assembly under paragraph 8 of Schedule 6.
Part VI Transitional exemption orders for purposes of Sex Discrimination Act 1975
Single-sex schools: England
16
F1781
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2
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3
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4
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5
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6
In this paragraph and in paragraph 17—
F393“the2010 Act” means the Equality Act 2010,“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 inF394section 85 of the2010 Act, and“transitional exemption order” has the same meaning as inF395paragraph 3 of Schedule 11 to the2010 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 admissions arrangements as is mentioned in F396“paragraph 3 of Schedule 11 to the 2010 Act (single-sex establishments becoming co-educational).
Single-sex schools: Wales
C2217
1
This paragraph applies to proposals for a school in Wales to cease to be an establishment which admits pupils of one sex only.
2
SCHEDULE 8 Changes of category of school
Permitted changes of category
1
1
A community school may in accordance with this Schedule become a foundation school in pursuance of proposals published by the F382local authority.
2
A school within one of the following categories, namely—
a
a community school,
b
a foundation school,
c
a voluntary aided school, or
d
a voluntary controlled school,
may in accordance with this Schedule become a school within another of those categories in pursuance of proposals published by the governing body.
3
A community special school may in accordance with this Schedule become a foundation special school in pursuance of proposals published by the F382local authority.
4
A community special school or a foundation special school may in accordance with this Schedule become a foundation special school or a community special school in pursuance of proposals published by the governing body.
Procedure for changing category of school
2
1
Where, in the case of any maintained school, the F382local authority or the governing body propose that the school should become a school of another category as permitted by paragraph 1, they shall publish their proposals under this paragraph.
2
Regulations may provide for any of the provisions of sections 28 and 31 and Part I or II of Schedule 6 to have effect in relation to any such proposals with or without modifications.
Mandatory publication of proposals for voluntary aided school to change category
3
1
If at any time the governing body of a voluntary aided school are unable or unwilling to carry out their obligations under Schedule 3, they shall publish proposals under this paragraph.
2
If the proposals are published during the period mentioned in section 35(2), they shall be proposals for the school to become a voluntary controlled school.
3
If the proposals are published after the end of that period, they shall be proposals for the school to become either a voluntary controlled school or a foundation school, as the governing body may determine.
4
Sub-paragraph (2) of paragraph 2 shall apply in relation to proposals published under this paragraph as it applies in relation to proposals published under that paragraph.
Restrictions on changing category of school
4
1
Regulations may make provision for preventing a school of any description specified in the regulations from changing its category under this Schedule unless such conditions are satisfied as are so specified.
2
The conditions which may be so specified include conditions requiring (according to the circumstances of the case) any of the following to be demonstrated to the satisfaction of any person so specified, namely—
a
that the school will join a group of schools for which a foundation body acts or proposes to act;
b
where a foundation is proposed to be established for the school otherwise than under this Act, that the foundation would meet such requirements as may be so specified;
c
that the governing body will be able to carry out their obligations under Schedule 3;
d
that the school’s governing or foundation body or trustees have agreed to sell or otherwise transfer to the F382local authority any land of a description so specified.
Implementation of proposals
5
1
Regulations may make such provision as the F227Assembly considers necessary or expedient in connection with the implementation of proposals published under paragraph 2 or 3, including provision with respect to—
a
the revision or replacement of the school’s instrument of government and the reconstitution of its governing body;
b
the transfer of property, rights and liabilities (including such a transfer to or from a foundation body), and staff; and
c
any transitional matters (whether relating to the implementation of proposals published under other provisions of this Act or otherwise).
2
Regulations under sub-paragraph (1) may, in particular, make provision with respect to—
a
restricting the disposal of land by a local authority which is used or held for the purposes of a school in relation to which proposals to change category are, or may be, published under paragraph 2, as from—
i
the date of publication of such proposals; or
ii
such other time as may be prescribed;
b
restricting the taking of action by virtue of which any such land would cease to be so used or held to any extent;
c
the consequences of any contravention of any such restriction;
d
conferring on any prescribed body such functions as may be prescribed with respect to any such contravention.
3
Regulations under sub-paragraph (1) may, in connection with any matters falling within that sub-paragraph—
a
modify any provision made by or under this Part of this Act;
b
apply any such provision with or without modifications;
c
make provision corresponding or similar to any such provision.
6
A school’s change of category under this Schedule shall not be taken as authorising or requiring any change in the character of the school conducted by its governing body (including, in particular, any religious character of the school).
F332SCHEDULE 9Constitution of governing bodies
Schs. 9-13 repealed (1.10.2002 for E. for specified purposes, 1.9.2003 for E., 1.9.2004 for W. for specified purposes, 31.10.2005 for W. for specified purposes, 31.3.2008 for W. in so far as not already in force) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2003/1667, art. 4; S.I. 2004/1728, art. 5, Sch. Pt. 2; S.I. 2005/2910, art. 4, Sch.; S.I. 2007/3611, art. 4(2), Sch. Pt. 2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F332SCHEDULE 10Incorporation and powers of governing bodies
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F332SCHEDULE 11Membership and proceedings etc. of governing bodies
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F332SCHEDULE 12Instruments of government
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F332SCHEDULE 13Control of school premises by governing bodies
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F368SCHEDULE 14F368Revision of F382local authority schemes
Sch. 14 heading substituted (8.2.2007 for E., 15.3.2010 for W. for specified purposes, 2.4.2010 for W. in so far as not already in force) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 5 para. 5(2); S.I. 2006/3400, art. 4(c); S.I. 2010/736, arts. 2(b), 3(c) (with art. 4)
F369Publication of schemes
Sch. 14 para. 1 heading substituted (8.2.2007 for E., 15.3.2010 for W. for specified purposes, 2.4.2010 for W. in so far as not already in force) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 5 para. 5(3); S.I. 2006/3400, art. 4(c); S.I. 2010/736, arts. 2(b), 3(c) (with art. 4)
1
F3631
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F3632
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F3633
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F3634
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F3635
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F3636
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F3707
A scheme maintained by a F382local 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.
Revision of schemes
F3712
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3712A
1
A F382local 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 F382local 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 F383local 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 F382local 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 F382local 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.
C56SCHEDULE 15 Suspension of financial delegation
Sch. 15: power to modify conferred (1.4.2003 for E., 12.4.2010 for W.) by Education Act 2002 (c. 32), ss. 25(1)(b), 216(4) (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4; S.I. 2010/707, art. 3(d)
Suspension of financial delegation for mismanagement, etc.
C241
1
This paragraph applies where it appears to the F382local authority that the governing body of a school which has a delegated budget—
a
have been guilty of a substantial or persistent failure to comply with any delegation requirement or restriction, F56...
b
are not managing in a satisfactory manner the expenditure or appropriation of the sum referred to in section 50(1) F57or
c
are not managing in a satisfactory manner any expenditure, or sums received, in the exercise of the power conferred by section 27 of the Education Act 2002 (power to provide community facilities etc.).
2
The authority may suspend the governing body’s right to a delegated budget by giving the governing body not less than one month’s notice of the suspension, unless by reason of any gross incompetence or mismanagement on the part of the governing body or other emergency it appears to the authority to be necessary—
a
to give the governing body a shorter period of notice, or
b
to give the governing body a notice suspending their right to such a budget with immediate effect.
3
The notice must specify the grounds for the suspension, giving particulars—
a
of any alleged failure on the part of the governing body to comply with any delegation requirement or restriction;
b
of any alleged mismanagement on their part; and
c
if applicable, of the basis upon which a period of notice of less than one month was given under sub-paragraph (2).
F3644
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
A copy of the notice must be given to the head teacher of the school at the same time as the notice is given to the governing body.
F3656
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
In this paragraph “delegation requirement or restriction” means any requirement or restriction applicable, under or by virtue of the scheme or section 50(3), to the management by the governing body of the school’s budget share.
8
Any notice given under this paragraph must be in writing.
Review of suspension
2
1
The F382local authority concerned—
a
b
may review at any time any suspension under paragraph 1 which is for the time being in force, if they consider it appropriate to do so.
2
For the purposes of any review under sub-paragraph (1), the authority shall give the governing body and the head teacher of the school an opportunity of making representations with respect to the suspension.
3
If on the review the authority consider it appropriate to do so, they shall revoke the suspension—
a
(in the case of a review under sub-paragraph (1)(a)) with effect from the beginning of the F360funding period next following the review; or
b
(in the case of a review under sub-paragraph (1)(b)) with effect from such time before the beginning of the F360funding period next following the review as they may determine.
4
The authority shall give the governing body and the head teacher notice in writing of their decision on the review.
F3665
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Appeal against suspension or refusal to revoke it
F3673
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Effect of suspension of right to delegated budget
4
1
During any period when a governing body’s right to a delegated budget is suspended under paragraph 1—
a
the F382local authority’s duty under section 50(1) shall not apply in relation to the school; but
b
the authority may permit the governing body to take such decisions as to the spending of sums to be met from the school’s budget share as the authority consider appropriate.
2
Where in accordance with sub-paragraph (1)(b) the governing body have decided that a particular sum should be spent, they shall, in spending that sum, comply with such reasonable conditions as the authority think fit to impose.
3
The governing body may, to such extent as they may specify, delegate their powers in relation to that sum to the head teacher.
F95 Schedule 16
Sch. 16 repealed (1.9.2003 for E., 1.4.2006 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2006/879, art. 4, Sch.
Staffing of community, voluntary controlled and community special schools
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F96SCHEDULE 17Staffing of foundation, voluntary aided and foundation special schools
Sch. 17 repealed (1.9.2003 for E., 1.4.2006 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2006/879, art. 4, Sch.
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F93SCHEDULE 18Appeals against exclusion of pupils
Sch. 18 repealed (20.1.2003 for E., 9.1.2004 for W.) by Education Act 2002 (c. 32), ss. 215(2), 216, Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2952, art. 2 (with Sch.); S.I. 2003/2961, art. 7, Sch. Pt. 4
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SCHEDULE 19 Required provision for religious education
Introductory
1
1
In this Schedule “the required provision for religious education”, in relation to a school, means the provision for pupils at the school which is required by F37section 80(1)(a) or 101(1)(a) of the Education Act 2002 to be included in the school’s basic curriculum.
2
In this Schedule “agreed syllabus” has the meaning given by section 375(2) of F38the Education Act 1996.
Community schools and foundation and voluntary schools without a religious character
I22
1
This paragraph applies to—
a
any community school; and
b
any foundation or voluntary school which does not have a religious character.
2
Subject to sub-paragraph (4), the required provision for religious education in the case of pupils at the school is provision for religious education in accordance with an agreed syllabus adopted for the school or for those pupils.
3
If the school is a secondary school so situated that arrangements cannot conveniently be made for the withdrawal of pupils from it in accordance with section 71 to receive religious education elsewhere and the F382local authority are satisfied—
a
that the parents of any pupils at the school desire them to receive religious education in the school in accordance with the tenets of a particular religion or religious denomination, and
b
that satisfactory arrangements have been made for the provision of such education to those pupils in the school, and for securing that the cost of providing such education to those pupils in the school will not fall to be met from the school’s budget share or otherwise by the authority,
the authority shall (unless they are satisfied that because of any special circumstances it would be unreasonable to do so) provide facilities for the carrying out of those arrangements.
4
If immediately before the appointed day the school was a grant-maintained school (within the meaning of the M15Education Act 1996), and in relation to the school or any pupils at the school the appropriate agreed syllabus as defined by section 382 of that Act was a syllabus falling within subsection (1)(c) of that section, then until—
a
the end of such period as the Secretary of State may by order prescribe, or
b
such earlier date as the governing body may determine,
the required provision for religious education in the case of the school or (as the case may be) those pupils is provision for religious education in accordance with that syllabus.
5
No agreed syllabus shall provide for religious education to be given to pupils at a school to which this paragraph applies by means of any catechism or formulary which is distinctive of a particular religious denomination (but this is not to be taken as prohibiting provision in such a syllabus for the study of such catechisms or formularies).
Foundation and voluntary controlled schools with a religious character
I33
1
This paragraph applies to any foundation or voluntary controlled school which has a religious character.
2
Subject to sub-paragraph (4), the required provision for religious education in the case of pupils at the school is provision for religious education—
a
in accordance with any arrangements made under sub-paragraph (3), or
b
subject to any such arrangements, in accordance with an agreed syllabus adopted for the school or for those pupils.
3
Where the parents of any pupils at the school request that they may receive religious education—
a
in accordance with any provisions of the trust deed relating to the school, or
b
where provision for that purpose is not made by such a deed, in accordance with the tenets of the religion or religious denomination specified in relation to the school under section 69(4),
the foundation governors shall (unless they are satisfied that because of any special circumstances it would be unreasonable to do so) make arrangements for securing that such religious education is given to those pupils in the school during not more than two periods in each week.
4
If immediately before the appointed day the school was a grant-maintained school (within the meaning of the M16Education Act 1996), and in relation to the school or any pupils at the school the appropriate agreed syllabus as defined by section 382 of that Act was a syllabus falling within subsection (1)(c) of that section, then until—
a
the end of such period as the Secretary of State may by order prescribe, or
b
such earlier date as the governing body may determine,
that syllabus shall be treated for the purposes of sub-paragraph (2)(b) as an agreed syllabus adopted for the school or (as the case may be) those pupils.
Voluntary aided schools with a religious character
4
1
This paragraph applies to any voluntary aided school which has a religious character.
2
The required provision for religious education in the case of pupils at the school is provision for religious education—
a
in accordance with any provisions of the trust deed relating to the school, or
b
where provision for that purpose is not made by such a deed, in accordance with the tenets of the religion or religious denomination specified in relation to the school under section 69(4), or
c
in accordance with any arrangements made under sub-paragraph (3).
3
Where the parents of any pupils at the school—
a
desire them to receive religious education in accordance with any agreed syllabus adopted by the F382local authority, and
b
cannot with reasonable convenience cause those pupils to attend a school at which that syllabus is in use,
the governing body shall (unless they are satisfied that because of any special circumstances it would be unreasonable to do so) make arrangements for religious education in accordance with that syllabus to be given to those pupils in the school.
4
Religious education under any such arrangements shall be given during the times set apart for the giving of religious education in the school in accordance with the provision for that purpose included in the school’s basic curriculum by virtue of F39section 80(1)(a) or 101(1)(a) of the Education Act 2002.
5
Any arrangements under sub-paragraph (3) shall be made by the governing body, unless the F382local authority are satisfied that the governing body are unwilling to make them, in which case they shall be made by the authority.
6
Subject to sub-paragraph (3), the religious education given to pupils at the school shall be under the control of the governing body.
SCHEDULE 20 Collective worship
Introductory
1
In this Schedule “the required collective worship”, in relation to a school, means the collective worship in that school which is required by section 70.
General provisions as to collective worship
2
1
This paragraph applies to any community, foundation or voluntary school.
2
The arrangements for the required collective worship may, in respect of each school day, provide for a single act of worship for all pupils or for separate acts of worship for pupils in different age groups or in different school groups.
3
For the purposes of sub-paragraph (2) a “school group” is any group in which pupils are taught or take part in other school activities.
4
Subject to sub-paragraph (6), the arrangements for the required collective worship shall be made—
a
if the school is a community school or a foundation school which does not have a religious character, by the head teacher after consulting the governing body;
b
if the school is a foundation school which has a religious character or a voluntary school, by the governing body after consulting the head teacher.
5
Subject to sub-paragraph (6), the required collective worship shall take place on the school premises.
6
If the governing body of a community, foundation or voluntary school are of the opinion that it is desirable that any act of collective worship in the school required by section 70 should, on a special occasion, take place elsewhere than on the school premises, they may, after consultation with the head teacher, make such arrangements for that purpose as they think appropriate.
7
The powers of a governing body under sub-paragraph (6) shall not be exercised so as to derogate from the rule that the required collective worship must normally take place on the school premises.
Nature of collective worship in community schools and foundation schools without a religious character
3
1
This paragraph applies to—
a
any community school; and
b
any foundation school which does not have a religious character.
2
Subject to paragraph 4, the required collective worship shall be wholly or mainly of a broadly Christian character.
3
For the purposes of sub-paragraph (2), collective worship is of a broadly Christian character if it reflects the broad traditions of Christian belief without being distinctive of any particular Christian denomination.
4
Not every act of collective worship in the school required by section 70 need comply with sub-paragraph (2) provided that, taking any school term as a whole, most such acts which take place in the school do comply with that sub-paragraph.
5
Subject to sub-paragraphs (2) and (4)—
a
the extent to which (if at all) any acts of collective worship required by section 70 which do not comply with sub-paragraph (2) take place in the school,
b
the extent to which any act of collective worship in the school which complies with sub-paragraph (2) reflects the broad traditions of Christian belief, and
c
the ways in which those traditions are reflected in any such act of collective worship,
shall be such as may be appropriate having regard to any relevant considerations relating to the pupils concerned which fall to be taken into account in accordance with sub-paragraph (6).
6
Those considerations are—
a
any circumstances relating to the family backgrounds of the pupils which are relevant for determining the character of the collective worship which is appropriate in their case, and
b
their ages and aptitudes.
7
In this paragraph references to acts of collective worship in the school include such acts which by virtue of paragraph 2(6) take place otherwise than on the school premises.
Disapplication of requirement under paragraph 3(2)
4
1
This paragraph applies where a standing advisory council on religious education have determined (under section 394 of the M17Education Act 1996) that it is not appropriate for the requirement imposed by paragraph 3(2) to apply in the case of any school to which paragraph 3 applies or in the case of any class or description of pupils at any such school.
2
While the determination has effect—
a
paragraph 3 shall not apply in relation to the school or (as the case may be) the pupils in question, and
b
the collective worship required by section 70 in the case of the school or pupils shall not be distinctive of any particular Christian or other religious denomination;
but paragraph (b) shall not be taken as preventing that worship from being distinctive of any particular faith.
Nature of collective worship in foundation schools with a religious character and voluntary schools
5
In the case of a foundation school which has a religious character or a voluntary school, the required collective worship shall be—
a
in accordance with any provisions of the trust deed relating to the school, or
b
where—
i
provision for that purpose is not made by such a deed, and
ii
the school has a religious character,
in accordance with the tenets and practices of the religion or religious denomination specified in relation to the school under section 69(4).
SCHEDULE 21 Transfers of land on appointed day
Part I General provisions
Introductory
1
In this Schedule any reference to a grant-maintained or grant-maintained special school is a reference to such a school within the meaning of the M18Education Act 1996.
Effect of transfers under this Schedule
2
1
Where any land is transferred to and vests in any body in accordance with this Schedule, any rights or liabilities—
a
enjoyed or incurred by the transferor in connection with the land, and
b
subsisting immediately before the appointed day,
shall also be transferred to, and by virtue of this Act vest in, that body.
2
Any reference in this Schedule, in relation to a school, to land being transferred to, and vesting in, a foundation body is a reference to its being transferred to, and vesting in, that body for the purposes of the schools comprising the group for which that body acts.
3
This Schedule is subject to section 198 of the M19Education Reform Act 1988 (which with Schedule 10 to that Act makes further provision in relation to transfers of property, rights and liabilities), and references in that Schedule as applied by virtue of this sub-paragraph to the transfer date are to the appointed day.
Part II Rules relating to transfers
Application of Part II
3
1
This Part of this Schedule applies to schools which, in accordance with Schedule 2, become community, foundation, voluntary or community special schools on the appointed day.
2
This Part has effect subject to Part III of this Schedule.
Transfers for purposes of community schools
4
1
This paragraph applies where a grant-maintained school (an “existing school”) becomes a community school.
2
In such a case—
a
any publicly funded land shall on the appointed day be transferred to, and by virtue of this Act vest in, the F382local authority;
b
any other land which, immediately before that day, is held by the governing body for the purposes of the existing school shall be transferred to, and vest in, the authority in accordance with a transfer agreement; and
c
any land which, immediately before that day, is held by any trustees for the purposes of the existing school shall be transferred to, and vest in, the authority in accordance with a transfer agreement.
3
In this paragraph “publicly funded land” means land which—
a
immediately before the appointed day is held by the governing body for the purposes of the existing school, and
b
was acquired from a local authority under a transfer under section 201(1)(a) of the M20Education Act 1996 or from the Funding Agency for Schools or was acquired wholly by means of any maintenance, special purpose or capital grant (within the meaning of Chapter VI of Part III of that Act).
4
In this paragraph “transfer agreement” means an agreement—
a
made for the purposes of sub-paragraph (2) between the F382local authority and the governing body or (as the case may be) trustees mentioned in that sub-paragraph, and
b
providing for the land in question to be transferred to, and vest in, the authority on the appointed day, whether or not in consideration of the payment by the authority of such amount as may be agreed between the parties.
Transfers for purposes of foundation schools
5
1
This paragraph applies where—
a
a grant-maintained school (an “existing school”) becomes a foundation school; and
b
as from the appointed day the school (as a foundation school) is a member of the group for which a foundation body acts.
2
In such a case, any land which, immediately before the appointed day, was held by the governing body for the purposes of the existing school shall on that day be transferred to, and by virtue of this Act vest in, the foundation body.
Transfers for purposes of voluntary schools
6
1
This paragraph applies where—
a
a grant-maintained school (an “existing school”) becomes a voluntary school; and
b
as from the appointed day the school (as a voluntary school) is a member of the group for which a foundation body acts.
2
In such a case, any land which, immediately before the appointed day, was held by the governing body for the purposes of the existing school shall on that day be transferred to, and by virtue of this Act vest in, the foundation body.
Transfers for purposes of community special schools
7
1
This paragraph applies where a grant-maintained special school (an “existing school”) becomes a community special school.
2
In such a case—
a
any publicly funded land shall on the appointed day be transferred to, and by virtue of this Act vest in, the F382local authority;
b
any other land which, immediately before that day, is held by the governing body for the purposes of the existing school shall be transferred to, and vest in, the authority in accordance with a transfer agreement; and
c
any land which, immediately before that day, is held by any trustees for the purposes of the existing school shall be transferred to, and vest in, the authority in accordance with a transfer agreement.
3
In this paragraph “publicly funded land” means land which—
a
immediately before the appointed day is held by the governing body for the purposes of the existing school, and
b
was acquired from a local authority under a transfer under section 201(1)(a) of the M21Education Act 1996 or from the Funding Agency for Schools or was acquired wholly by means of any maintenance, special purpose or capital grant (within the meaning of Chapter VI of Part III of that Act).
4
In this paragraph “transfer agreement” means an agreement—
a
made for the purposes of sub-paragraph (2) between the F382local authority and the governing body or (as the case may be) the trustees mentioned in that sub-paragraph, and
b
providing for the land in question to be transferred to, and vest in, the authority on the appointed day, whether or not in consideration of the payment by the authority of such amount as may be agreed between the parties.
Outstanding transfers to existing school
8
Where immediately before the appointed day—
a
any land vested in a local authority is by virtue of any statutory provision required to be transferred to the governing body or any trustees of an existing school within the meaning of any of paragraphs 4 to 7, but
b
the land has not yet been so transferred,
that paragraph shall apply to the school as if it had been so transferred by that time.
Transfer of rights to use land
9
1
Where paragraph 4, 5, 6 or 7 applies to an existing school and any land held by a person or body other than the governing body of the school was, immediately before the appointed day, used for the purposes of the school, any rights or liabilities—
a
enjoyed or incurred by the governing body in connection with the use of the land, and
b
subsisting immediately before the appointed day,
shall on that day be transferred to, and by virtue of this Act vest in, the F382local authority (in a case to which paragraph 4 or 7 applies) or the foundation body (in a case to which paragraph 5 or 6 applies).
2
Where paragraph 4 or 7 applies to an existing school and any land held by a person or body other than any trustees who hold any land for the purposes of the school was, immediately before the appointed day, used for the purposes of the school, any rights or liabilities—
a
enjoyed or incurred by any such trustees in connection with the use of the land, and
b
subsisting immediately before the appointed day,
shall on that day be transferred to, and vest in, the F382local authority in accordance with a transfer agreement.
3
Nothing in this paragraph applies in relation to land to which paragraph 4, 5, 6 or 7 applies.
4
In this paragraph—
“existing school” has the meaning given by paragraph 4, 5, 6 or 7, as the case may be;
“transfer agreement” means an agreement—
- a
made for the purposes of sub-paragraph (2) between the F382local authority and the trustees mentioned in that sub-paragraph, and
- b
providing for the rights or liabilities in question to be transferred to, and vest in, the authority on the appointed day, whether or not in consideration of the payment by the authority of such amount as may be agreed between the parties.
- a
Part III Property excluded from transfers
10
1
Nothing in Part II of this Schedule has the effect of transferring to, or vesting in, any body—
a
any land, rights or liabilities excluded under sub-paragraph (2) or (3),
b
any rights or liabilities under a contract of employment,
c
any liability of a governing body in respect of the principal of, or any interest on, any loan,
d
any liability in tort, or
e
any rights or liabilities which are determined in accordance with regulations to be rights or liabilities falling within this paragraph.
2
If before the appointed day—
a
the prospective transferee and transferor have agreed in writing that any land should be excluded from the operation of Part II of this Schedule, and
b
the Secretary of State has given his written approval of the agreement,
the land (and any rights or liabilities relating to it) shall be so excluded.
3
If in default of agreement under sub-paragraph (2)—
a
the prospective transferee or transferor have applied to the Secretary of State to exclude any land from the operation of Part II of this Schedule, and
b
the Secretary of State has by order directed its exclusion,
the land (and any rights or liabilities relating to it) shall be so excluded.
4
An agreement under sub-paragraph (2) may provide for the land to be used or held for the purposes of the school (as a school of a new category) on such terms as may be specified in or determined in accordance with the agreement; and directions under sub-paragraph (3)—
a
may confer any rights or impose any liabilities that could have been conferred or imposed by such an agreement, and
b
shall have effect as if contained in such an agreement.
5
In this paragraph—
“new category” means one of the categories set out in section 20(1);
“the prospective transferee”, in relation to any land, means the body to whom, apart from sub-paragraph (2) or (3), the land would fall to be transferred under Part II of this Schedule; and
“the prospective transferor” shall be construed accordingly.
C57SCHEDULE 22 Disposals of land in case of certain schools and disposals on discontinuance
Sch. 22 excluded (29.7.2010) by Academies Act 2010 (c. 32), s. 19(2), Sch. 1 para. 10(2)(c); S.I. 2010/1937, art. 2, Sch. 1
F197Part A1Foundation, voluntary and foundation special schools in England: disposals of land
Sch. 22 Pt. A1 inserted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 4 para. 2; S.I. 2007/935, art. 7(p)
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 F382local 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 F382local 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 F373notice of their intention to do so to the authority mentioned in sub-paragraph (1)(a).
F3744
In this paragraph “local authority” includes a non-metropolitan district council for an area for which there is a county council.
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 F382local 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 F382local 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 F382local 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 F375notice of their intention to do so to the authority mentioned in sub-paragraph (1)(a).
F3764
In this paragraph “local authority” includes a non-metropolitan district council for an area for which there is a county council.
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 F382local 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 F382local 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 F377notice of their intention to do so to the authority mentioned in sub-paragraph (1)(a).
F3784
In this paragraph “local authority” includes a non-metropolitan district council for an area for which there is a country council.
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.
A19Duty to have regard to guidance etc
1
A F382local 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 F382local 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 F382local 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 F382local 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 F382local 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 F382local 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 F382local 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 F382local authority, by whom the proposals were treated for the purposes of Schedule 2 to that Act as having been made.
A20Power to vary or revoke determinations or orders
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 F382local 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 F382local authority, or
c
if different from that authority, the local authority F379(within the meaning of paragraph A5, A11 or A17 as the case may be) 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 F382local authority.
2
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 F382local authority for certain purposes
A23
1
A F382local 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 F382local 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 F382local 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 F380education functions of the authority;
c
the land is required for the provision of children’s services by or on behalf of the F381authority in the exercise of any of their relevant functions.
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 F361section 15ZA(6) and (7) of the Education Act 1996, and are receiving services under F362section 15ZA of the Education Act 1996 or section 66, 86 or 87 of the Apprenticeships, Skills, Children and Learning Act 2009;
- a
“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 F382local 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 F382local 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 F382local 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 F382local 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.
A27Notice in relation to grants under paragraph 5 of Schedule 3
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.
Part I Foundation, voluntary and foundation special schools F198in Wales: disposals of land
Words in Sch. 22 Pt. 1 heading inserted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 4 para. 3; S.I. 2007/935, art. 7(p) (with art. 8(5))
Disposal of land by governing body of foundation, voluntary or foundation special school
1
1
F75Subject to sub-paragraph (1A), this paragraph applies to any disposal by the governing body of a foundation, voluntary or foundation special school F228in Wales of—
F52a
any land acquired under a transfer under section 201(1)(a) of the M22Education Act 1996, or acquired under paragraph 2 of Schedule 3 or paragraph 16 of Schedule 6 F40(including that provision as applied by any enactment) or paragraph 5(4)(c) F76or 5(4B)(d) of this Schedule or under any regulations made under paragraph 5 of Schedule 8;
b
any land acquired from a foundation body;
F229c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d
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 VI of Part III of the M23Education Act 1996);
e
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 F382local authority as expenditure of a capital nature; or
f
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 (e).
F771A
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 F230established otherwise than under this Act.
2
3
Where the governing body apply to the F232Assembly for F233its consent to any such disposal F79and F234the Assembly decides to give that consent, F234the Assembly may do one or more of the following, namely—
a
b
give the governing body, when the land or any part of the land is disposed of—
i
ii
a direction as to the use to which the whole or any part of the proceeds of disposal should be put.
4
More than one direction may be given under sub-paragraph (3)(b)(i) in relation to a disposal of land within sub-paragraph (1) where it is just to do so, in particular where the disposal involves the creation of a lease.
5
Sub-paragraph (1)(e) shall not apply in the case of any expenditure incurred on or after the appointed day unless the authority—
a
prepared a statement in writing—
i
containing 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
ii
indicating that the expenditure was being treated by them as expenditure of a capital nature; 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.
Disposal of land by foundation body
2
1
This paragraph applies to any disposal by a foundation body F236in Wales of—
a
b
any land acquired from the governing body of a maintained school;
c
any land acquired from another foundation body;
d
any land acquired, or enhanced in value, wholly or partly by means of any grant provided by the F238Assembly on or after the appointed day;
e
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 F382local authority as expenditure of a capital nature; or
f
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 (e).
F2391A
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 F382local authority in Wales.
2
The foundation body shall not make any such disposal without the written consent of the F240Assembly.
3
Where the foundation body apply to the F241Assembly for F242its consent to any such disposal F80and F243the Assembly decides to give that consent, F243the Assembly may do either or both of the following, namely—
a
make any such requirement as is mentioned in paragraph 1(3)(a); and
b
give any such direction to the foundation body as F243the Assembly could give to a governing body under paragraph 1(3)(b).
4
More than one direction may be given under sub-paragraph (3)(b) to make a payment in relation to the proceeds of disposal of land within sub-paragraph (1) where it is just to do so, in particular where the disposal involves the creation of a lease.
5
Sub-paragraph (1)(e) shall not apply in the case of any expenditure incurred on or after the appointed day unless the authority—
a
prepared a statement in writing—
i
containing 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
ii
indicating that the expenditure was being treated by them as expenditure of a capital nature; 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.
F74Disposal of land by trustees of foundation school or foundation special school
Sch. 22 para. 2A and cross-heading inserted (7.6.2005) by Education Act 2005 (c. 18), s. 125(2), Sch. 17 para. 4 (with s. 119)
2A
1
This paragraph applies to any disposal by the trustees of a foundation or foundation special school F244in Wales of—
a
any land acquired under paragraph 2 of Schedule 3, under paragraph 16 of Schedule 6 (including that provision as applied by any enactment), under paragraph 5(4B)(d) of this Schedule or under any regulations made under paragraph 5 of Schedule 8,
b
any land acquired, or enhanced in value, wholly or partly with the proceeds of disposal of any land acquired as mentioned in paragraph (a), or
c
any land falling within sub-paragraph (2) which was acquired by the trustees from the governing body of the school or of another foundation or foundation special school.
2
Land falls within this sub-paragraph if—
a
it had been acquired by the governing body—
i
under a transfer under section 201(1)(a) of the Education Act 1996, or
ii
under any of the provisions mentioned in sub-paragraph (1)(a), or
b
it had been acquired by the governing body, or enhanced in value, wholly or partly with the proceeds of disposal of land acquired as mentioned in paragraph (a).
3
The trustees shall not make any disposal to which this paragraph applies without the written consent of the F245Assembly.
4
Where the trustees apply to the F246Assembly for F247its consent to any such disposal and F248the Assembly decides to give that consent, F248the Assembly may do one or more of the following, namely—
a
b
give the trustees, when the land or any part of the land is disposed of—
i
a direction to pay to such local authority as F248the Assembly may specify the whole or any part of the proceeds of the disposal; and
ii
a direction as to the use to which the whole or any part of the proceeds of disposal should be put.
5
More than one direction may be given under sub-paragraph (4)(b)(i) in relation to a disposal of land within sub-paragraph (1) where it is just to do so, in particular where the disposal involves the creation of a lease.
6
Where the trustees of a foundation or foundation special school F249in Wales 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—
a
the preceding provisions of this paragraph shall apply as if any such change of use of the land were a disposal of the land; and
b
the value of the land as at the date of any direction under sub-paragraph (4)(b)(i) or (ii) shall be treated as proceeds of the disposal of the land.
Disposal of land by trustees of foundation, voluntary or foundation special school
3
1
F81Subject to sub-paragraph (2A), this paragraph applies to any disposal by the trustees of a foundation, voluntary or foundation special school F250in Wales of—
a
any land acquired under section 60, 61 or 70 of the M24Education Act 1996, under paragraph 2, 4 or 9 of Schedule 3 or paragraph 16 or 20 of Schedule 6 (including that provision as applied by any enactment)F82, under paragraph 5(4B)(d) of this Schedule or under any regulations made under paragraph 5 of Schedule 8 F251...;
b
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 F382local authority as expenditure of a capital nature;
c
any land acquired by the governing body of the school—
i
under a transfer under section 201(1)(a) of the M25Education 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;
F252d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
e
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 VI of Part III of the M26Education Act 1996), or
ii
any grant paid under section 216(2) of that Act;
f
any land acquired wholly or partly with the proceeds of disposal of any land acquired or enhanced in value as mentioned in paragraph F253... (e); or
g
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 M27Education Act 1996).
2
If a voluntary aided school F254in Wales was, immediately before the appointed day, a controlled school within the meaning of the M28Education Act 1996, this paragraph also applies to any disposal by the trustees of the school of any land acquired, or enhanced in value, wholly or partly by means of expenditure incurred under section 63 or 64 of that Act.
F832A
Nothing in sub-paragraph (1) applies in relation to any disposal to the extent that it is a disposal to which paragraph 2A applies.
3
Where paragraph (a), (b) or (c) of sub-paragraph (1) or sub-paragraph (2) applies, the trustees shall notify the F382local authority that that provision applies to them and they or their successors shall pay to the authority so much of the proceeds of disposal as may be determined to be just, either by agreement between them and the authority or, in default of agreement, by the F255Assembly.
4
In making any determination under sub-paragraph (3), the trustees and the authority, or the F256Assembly, as the case may be, shall have regard in particular to—
a
the value, as at the date of the determination, of the land acquired from the authority;
b
any enhancement in value of the land attributable to expenditure by the F382local authority, the trustees or the governing body of the school on school buildings on the land; and
c
any payments already made by the trustees to the authority—
i
in respect of the current school site; or
ii
under section 60(4) of the M29Education Act 1996 or under paragraph 2(6) of Schedule 3 or paragraph 16(5) of Schedule 6 to this Act.
5
More than one determination may be made under sub-paragraph (3) in relation to a disposal of land within sub-paragraph (1) or (2) where it is just to do so, in particular where the disposal involves the creation of a lease.
6
Sub-paragraph (1)(b) shall not apply in the case of any expenditure unless the authority—
a
prepared a statement in writing—
i
containing 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
ii
indicating that the expenditure was being treated by them as expenditure of a capital nature; 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
Sub-paragraph (3) does not apply in the case of land acquired under section 60 or 61 of the M30Education Act 1996 or 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 M31Education Act 1996).
8
Where paragraph F257... (e) or (f) of sub-paragraph (1) applies, the trustees shall notify the F382local authority that that paragraph applies to them and they and their successors shall (subject to sub-paragraph (9)) undertake to the authority to use the proceeds of disposal—
a
for the purposes of the school, or
9
10
More than one direction may be given under sub-paragraph (9) in relation to a disposal of land within sub-paragraph (1) where it is just to do so, in particular where the disposal involves the creation of a lease.
11
Where paragraph (g) of sub-paragraph (1) applies, the governing body of the school shall repay the grant referred to in that paragraph to the F382local authority by whom the school is maintained, unless the governing body and the authority otherwise agree.
12
Where the trustees of a foundation, voluntary or foundation special school F260in Wales 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—
a
the preceding provisions of this paragraph shall apply as if any such change of use of the land were a disposal of the land; and
b
the value of the land as at the date of any determination under sub-paragraph (3) or of any direction under sub-paragraph (9) shall be treated as proceeds of the disposal of the land.
Land required by F382local authority for new school
4
1
This paragraph applies where, on an application made by a F382local authorityF261in Wales, the F262Assembly is satisfied—
a
that any relevant land—
i
held, or held on trust, for the purposes of a foundation, voluntary or foundation special school by the governing body or the trustees of the school, or
ii
held by a foundation body for the purposes of the group of schools for which it acts,
is not required for the purposes of the school or (as the case may be) those schools; and
b
that that land is required by the authority as the site for a new maintained school or as the site to which a maintained school is to be transferred.
2
3
In this paragraph “relevant land” means land which was acquired by the governing body of the school, or (as the case may be) one of the schools, mentioned in sub-paragraph (1)(a) under a transfer under section 201(1)(a) of the M32Education Act 1996.
Part II Maintained schools: disposals on discontinuance
Discontinuance of foundation, voluntary and foundation special schools: land
5
1
This paragraph applies where—
F43a
proposals to discontinue a foundation, voluntary or foundation special school have been approved, adopted F97, confirmed or determined to be implemented under any enactment, or
b
the F265appropriate authority has given a direction—
F266i
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.
2
The governing body of the school shall apply to the F267appropriate 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.
F2682A
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.
3
Where the school is a member of the group for which a foundation body acts, the body shall apply to the F269appropriate 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.
F2703A
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.
4
On an application under sub-paragraph (2) or (3), the F271appropriate authority may do one or more of the following, namely—
F272a
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;
b
direct the governing body or the foundation body, as the case may be, to pay, either to F273the appropriate authority or to such local authority as F273the appropriate authority may specify, the whole or any part of the value, as at the date of the direction, of the whole or any part of the land referred to in sub-paragraph (2) or (3), as the case may be; and
c
in a case where the discontinuance of the school is connected with proposals under F44any enactment to establish, or to make a prescribed alteration to, any other school or schools, require the land or any part of the land to be transferred to the governing body of such maintained school or the temporary governing body of such new school as F274the appropriate authority may specify.
F2754ZA
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.
F844A
Where the school F276is in Wales and is a foundation or foundation special school which has a foundation, the trustees of the school shall apply to the F277appropriate authority for it to exercise its powers under sub-paragraph (4B) in relation to any land falling within paragraph 2A(1)(a), (b) or (c) which is held by the trustees for the purposes of the school.
4B
On an application under sub-paragraph F278(4ZA) or (4A), the F279appropriate authority may do one or more of the following, namely—
F280a
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;
b
where the trustees have power to use the land F281—
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;
c
d
in a case where the discontinuance of the school is connected with proposals under any enactment to establish, or to make a prescribed alteration to, any other school or schools, require the land or any part of the land to be transferred—
i
to the trustees, foundation body or governing body of such maintained school as F284the appropriate authority may specify, or
ii
to the trustees, foundation body or temporary governing body of such new school as F284the appropriate authority may specify.
5
Where the governing body F85, foundation body or trustees fail to make an application as required by sub-paragraph F86(2), (3) F285, (4ZA) or (4A), as the case may be, the F286appropriate authority may nevertheless make any such requirement or give any such direction as is mentioned in sub-paragraph F87(4) or (4B), as the case may be.
F2875A
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.
6
Where F288the school is in Wales and the trustees of the school—
a
dispose of any land falling within paragraph 3(1) or (2) F88but not within paragraph 2A(1)(a), (b) or (c), or
b
wish to use any such land for purposes not connected with the provision of education in maintained schools,
paragraph 3 shall apply to them.
F3727
In this paragraph “local authority” includes a non-metropolitan district council for an area for which there is a county council.
Discontinuance of foundation or voluntary school by notice given by its governing body: land and premises
6
1
This paragraph applies where the governing body of a foundation or voluntary school apply for the F289appropriate authority's consent to serve a notice under section 30(1).
2
If the F290appropriate authority gives such consent, F291the appropriate authority may impose any requirements in relation to the governing body or, where the school is a member of the group for which a foundation body acts, the foundation body that F291the appropriate authority thinks just—
a
in respect of the repayment of all or part of any expenditure incurred by F293the appropriate authority as mentioned in section 30(2);
b
c
d
(where any premises used for the purposes of the school are not to be so transferred) in respect of the payment by the governing body or the foundation body, as the case may be, to F292the F382local authority of so much of the value of those premises as is just having regard to the extent to which they were provided at public expense.
3
In sub-paragraph (2) “at public expense” means at the expense of—
a
the Funding Agency for Schools, or
b
any F382local authority or an authority within section 30(2)(d).
F2943A
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.
4
Where F295the school is in Wales and the trustees of the school—
a
dispose of any land falling within paragraph 3(1) or (2), or
b
wish to use any such land for purposes not connected with the provision of education in maintained schools,
paragraph 3 shall apply to them.
Disposal of property held by governing body of maintained school on their dissolution
7
1
This paragraph applies in connection with the dissolution of the governing body of a maintained school by virtue of F92paragraph 5 of Schedule 1 to the Education Act 2002.
2
Where a governing body are so dissolved—
a
all land or other property of the governing body which is used or held for the purposes of the school, and
b
all rights and liabilities (including rights and liabilities in relation to staff) of the governing body subsisting immediately before the date of dissolution which were acquired or incurred for the purposes of the school,
shall on the date of dissolution be transferred to, and by virtue of this Act vest in—
i
the F382local authority, or
ii
one or more of the following, namely the governing body of a maintained school and the temporary governing body of a new school, if the F296appropriate authority so directs before the date of dissolution.
3
Sub-paragraph (2) does not apply to—
a
any land or other property for which provision has been made for transfer or payment under paragraph 5(4) or 6(2),
b
any property of whatever nature which is held by the governing body on trust for the purposes of the school, or
c
unless the F297appropriate authority otherwise directs by order made before the date of dissolution, any liabilities of the governing body in respect of any loan made to the governing body.
4
Subject to sub-paragraph (5), a governing body who are to be dissolved as mentioned in sub-paragraph (1) may transfer any land or other property which is held by them on trust for the purposes of the school to any person to hold such land or other property on trust for purposes connected with the provision of education in maintained schools.
5
Sub-paragraph (4) does not apply to any land or other property so held by the governing body of a foundation, voluntary or foundation special school where any other persons also hold any property on trust for the purposes of the school; and any such land or other property shall on the date of dissolution be transferred to, and by virtue of this Act vest in, those persons.
6
If any doubt or dispute arises as to the persons to whom any land or other property within sub-paragraph (5) falls to be transferred under that sub-paragraph, it shall be treated as falling to be so transferred to such persons as the F298appropriate authority thinks proper.
Notice by trustees terminating foundation or voluntary school’s occupation of existing site
8
1
This paragraph applies where trustees have given a notice falling within section 30(10) which is effective to terminate a foundation or voluntary school’s occupation of any land (“the relevant premises”).
2
If any expenditure has been incurred on the relevant premises as mentioned in section 30(2)(a) to (d), the F299appropriate authority may impose any requirements that F300the appropriate authority thinks just—
a
in respect of the repayment by the trustees of all or part of any such expenditure which was incurred by F301the appropriate authority;
b
c
3
In sub-paragraph (2) “at public expense” means at the expense of—
a
the Funding Agency for Schools, or
b
any F382local authority or an authority within section 30(2)(d).
F199Part 2AMaintained school: transfer of land from trustee to governing body
Sch. 22 Pt. 2A inserted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 4 para. 13; S.I. 2007/935, art. 7(p)
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 F382local 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.
Part III General
9
1
Where a transfer under paragraph F303A5, A11, A17, A23, 1(3)(a), 2(3)(a), 4(2), 5(4)(a) or (c), 6(2)(b) F304, 8(2)(b) or 8A of this Schedule relates to registered land, it shall be the duty of the transferor—
a
to execute any such instrument under the F58Land Registration Act 2002,
b
to deliver any such certificate under F59that Act, and
c
to do such other things under F59that Act,
as he would be required to execute, deliver or do in the case of a transfer by agreement between the transferor and the transferee.
2
Paragraphs 6 to 8 of Schedule 10 to the M33Education Reform Act 1988 (construction of agreements) shall apply in relation to transfers under paragraph 7 of this Schedule as they apply in relation to transfers to which that Schedule applies.
10
1
In this Schedule—
a
“the trustees”, in relation to a school, means any person (other than the governing body) holding property on trust for the purposes of the school;
b
“disposal” includes—
i
a compulsory disposal; and
ii
in the case of any premises held under a tenancy to which Part II of the M34Landlord and Tenant Act 1954 (“the 1954 Act”) applies, the termination of that tenancy under that Part of that Act;
c
references to “proceeds of disposal”, in relation to a disposal of land, are references to—
i
any consideration for the disposal, including rent;
ii
any compensation for the disposal, including any compensation paid by the landlord on the quitting of any premises within paragraph (b)(ii) by the governing body, foundation body or trustees (whether or not the compensation is required to be paid by section 37 of the 1954 Act (compensation where order for new tenancy precluded on certain grounds)); and
iii
interest which has accrued in respect of any such consideration or compensation;
d
“new school” has the meaning given by section 72(3).
F305e
“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.
2
In paragraphs (b)(ii) and (c)(ii) of sub-paragraph (1) expressions to which a meaning is given for the purposes of the 1954 Act have the same meaning as in that Act.
3
In paragraphs F306A1(1), A13(1), (2) or (3)(a), A24 to A26, 1(1), 3(1) and 4(3) references, in relation to the governing body or trustees of a foundation, voluntary or foundation special school and in relation to a time before the appointed day—
a
to any land being acquired in a particular way, or
b
to any grant being provided in a particular way,
are references to the land being acquired in that way by, or (as the case may be) to the grant being provided in that way to, the governing body or trustees of that school at a time when it was a voluntary, grant-maintained or grant-maintained special school within the meaning of the M35Education Act 1996.
4
In paragraphs F307A1(1), A13(1), 1(1) and 3(1) references, in relation to the governing body or trustees of a foundation, voluntary or foundation special school and in relation to a time before the appointed day, to any expenditure being incurred for the purposes of the school are references to such expenditure being incurred for the purposes of that school at a time when it was a voluntary, grant-maintained or grant-maintained special school within the meaning of the M36Education Act 1996.
5
In F308paragraphs A1(1) and 1(1) references, in relation to the governing body of a foundation, voluntary or foundation special school, to any land being acquired in a particular way include references to the land being acquired in that way by the temporary governing body for the school.
F45PART IV DISPOSAL OF LAND OF A VOLUNTARY AIDED SCHOOL BY THE F382LOCAL AUTHORITY
Sch. 22 Pt. IV inserted (E.) (1.4.2002) by The Regulatory Reform (Voluntary Aided Schools Liabilities and Funding) (England) Order 2002 (S.I. 2002/906), art. 12 (with art. 13)
11
1
In this paragraph—
F309a
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;
b
“commencement date” means the date on which F310the Regulatory Reform (Voluntary Aided Schools Liabilities and Funding) (England) Order 2002 comes into force;
c
“relevant body” means—
i
the governing body of a voluntary aided school; or
ii
if the school has been discontinued and the governing body dissolved, the trustees;
d
“relevant land” means—
i
any caretaker’s dwelling; or
ii
other buildings which are not school buildings;
which form part of the premises of a voluntary aided school.
2
This paragraph applies to any disposal by the F382local authority of relevant land enhanced in value wholly or partly by means of capital expenditure incurred by the governing body after the commencement date.
3
But this paragraph shall not apply unless the relevant body gives to the F382local authority no later than 12 months after the expenditure is incurred a statement—
a
setting out the amount of expenditure; and
b
stating that it is capital expenditure.
4
Where this paragraph applies, the F382local authority shall notify the relevant body that the provision applies to them and they shall pay to the relevant body so much of the proceeds of disposal as may be determined to be just F311—
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.
F3124A
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.
5
In making the determination under sub-paragraph (4), the relevant body and the F382local authority, or the F313adjudicator, as the case may be, shall have regard in particular F314to any guidance given from time to time by the Secretary of State and to any enhancement in value of the relevant land attributable to expenditure by or on behalf of the governing body.
F3155A
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 F382local 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 F382local 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.
6
If the F382local authority permit relevant land to be used for purposes not connected with the school—
a
they shall be treated for the purposes of this paragraph as having disposed of the land; and
b
sub-paragraph (4) shall have effect as if the reference to proceeds of disposal were a reference to the value of the land.
F3167
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.
F20012
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 F382local 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.
F94SCHEDULE 23 Determination, variation and review of standard numbers
Sch. 23 repealed (1.10.2002 for E., 1.2.2006 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4) and S.I. 2006/173, reg. 5); S.I. 2002/2439, art. 3 (with art. 4, Sch. paras. 3, 5); S.I. 2006/172, art. 4, Sch.
F94Part I Determination of standard numbers
F94 Standard numbers for admission to maintained schools
F941
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F94 Standard numbers on establishment or alteration of school
F942
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F94Part II Variation of standard numbers: England
F94 Application of Part II
F943
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F94 Variation of standard numbers
F944
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F94 Procedure for application to vary standard number
F945
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F94 Decision on application to vary standard number
F946
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F94Part III Variation of standard numbers: Wales
F94 Application of Part III
F947
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F94 Variation of standard numbers
F948
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F94 Procedure for application to vary standard number
F949
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F94 Decision on application to vary standard number
F9410
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F94Part IV Review of standard numbers
F9411
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F72SCHEDULE 24Admission appeals
Sch. 24 repealed (20.1.2003 for E., 31.5.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2952, art. 2 (with art. 3, Sch. para. 3); S.I. 2005/1395, art. 4, Sch. (with art. 5(3))
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F73SCHEDULE 25Children to whom section 87 applies: appeals by governing bodies 12.10.01
Sch. 25 repealed (20.1.2003 for E., 31.5.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2952, art. 2 (with art. 3, Sch. para. 3); S.I. 2005/1395, art. 4, Sch. (with art. 5(3))
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 26 Inspection of nursery education F333in Wales
Words in Sch. 26 title inserted (1.9.2008) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 2 para. 36(2); S.I. 2008/2261, art. 2 (with Sch. 1)
Introductory
1
1
In this Schedule “relevant nursery education” means—
F180za
a
F182b
nursery education which is provided by any other person who is (or is to be) in receipt of financial assistance given by such an authority and whose provision of nursery education is taken into account by the authority in formulating proposals for the purposes of section 120(2)(a); or
F182b
F326c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
In this Schedule “nursery education under consideration for funding” means nursery education provided by a person F183to whom a F382local authorityF338in Wales are considering giving financial assistance and whose provision of nursery education would fall to be taken into account by the authority in formulating proposals for the purposes of section 120(2)(a).F183with whom a F382local authorityF338in Wales are considering making arrangements in pursuance of the duty imposed on the authority by section 118 for the provision of nursery education in consideration of financial assistance provided by the authority under the arrangements.
F1843
Where—
a
any education is for the time being provided at any premises for children who have not attained the age prescribed for the purposes of section 118(1)(b), and
b
that education is provided by a person—
i
who proposes to provide nursery education at those premises, and
ii
iii
whose provision of that nursery education would fall to be taken into account by the authority in formulating proposals for the purposes of section 120(2)(a),
this Schedule shall apply in relation to the education for the time being provided for the children mentioned in paragraph (a) above as it applies in relation to nursery education under consideration for funding.
F1843
Where—
a
any education is for the time being provided at any premises for children who have not attained the age prescribed for the purposes of section 118(1)(b) (“the prescribed age”), and
b
that education is provided by a person—
i
who proposes to provide nursery education at those premises for children who have attained the prescribed age, and
the education is to be treated for the purposes of this Schedule as nursery education under consideration for funding even though it is provided for children who have not attained the prescribed age.
2
F1001
In this Schedule—
F340a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
“the Chief Inspector for Wales” means Her Majesty's Chief Inspector of Education and Training in Wales, and
F341c
“the Chief Inspector” (without more) means the Chief Inspector for Wales.
2
In this Schedule references to registered F101Welsh nursery education inspectors are to persons registered under paragraph 8.
F1023
In this Schedule “members of the Welsh Inspectorate” means—
a
the Chief Inspector for Wales,
b
Her Majesty's Inspectors of Education and Training in Wales, and
c
additional inspectors with whom the Chief Inspector for Wales has made arrangements to give him assistance under paragraph 2 of Schedule 2 to the Education Act 2005.
F1034
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3425
In this Schedule, “well-being” in relation to children for whom nursery education is provided in Wales, is a reference to their well-being having regard to the matters mentioned in section 25(2) of the Children Act 2004.
General functions of the Chief Inspector
3
The Chief Inspector has the general duty of keeping F343the Assembly informed about—
a
the quality and standards of relevant nursery education,
F104aa
how far relevant nursery education meets the needs of the range of children for whom it is provided,
ab
the quality of leadership and management in connection with the provision of relevant nursery education,
ac
the contribution of relevant nursery education to the well-being of the children for whom it is provided, and
b
the spiritual, moral, social and cultural development of children for whom relevant nursery education is provided.
4
5
The Chief Inspector may at any time give advice to F346the Assembly on any matter connected with—
a
relevant nursery education generally, or
b
relevant nursery education, or nursery education under consideration for funding, provided at particular premises.
F105...
Sch. 26 paras. 6A, 6B, 7 and cross-headings substituted for Sch. 26 paras. 6, 7 (1.8.2005 for E. for specified purposes, 3.10.2005 for E. so far as not already in force, 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 7 para. 12 (with s. 119); S.I. 2005/2034, arts. 2, 6; S.I. 2006/1338, art. 3, Sch. 1
F1056
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F105Inspections in England
F3476A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Inspections in Wales
6B
1
The Chief Inspector for Wales—
a
shall secure that relevant nursery education provided in Wales is inspected by a member of the Welsh Inspectorate or a registered Welsh nursery education inspector at such intervals as may be prescribed,
b
shall secure that relevant nursery education, or nursery education under consideration for funding, provided in Wales is inspected by a member of the Welsh Inspectorate or a registered Welsh nursery education inspector at any time when the National Assembly for Wales requires the Chief Inspector for Wales to secure its inspection, and
c
may secure that any relevant nursery education, or nursery education under consideration for funding, provided in Wales is inspected by a member of the Welsh Inspectorate or a registered Welsh nursery education inspector at any other time when the Chief Inspector for Wales considers that it would be appropriate for it to be inspected.
2
Sub-paragraph (1)(a) does not apply to nursery education provided at a school to which section 28 of the Education Act 2005 (duty to arrange regular inspections of certain schools) applies.
3
The Chief Inspector for Wales may comply with sub-paragraph (1) either by organising inspections or by making arrangements with others for them to organise inspections.
4
A requirement such as is mentioned in sub-paragraph (1)(b) may relate to nursery education provided at particular premises or a class of premises.
F105Reports of inspections under paragraph F334... 6B
Words in Sch. 26 para. 7 cross-heading repealed (1.9.2008) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 2 para. 36(11)(b), Sch. 3 Pt. 2; S.I. 2008/2261, art. 2 (with Sch. 1)
7
A person conducting an inspection under paragraph F348... 6B shall report on—
a
the quality and standards of the nursery education provided,
b
how far that nursery education meets the needs of the range of children for whom the education is provided,
c
the quality of leadership and management in connection with the provision of the nursery education,
d
the contribution made by that nursery education to the well-being of those children, and
e
so far as it is reasonably practicable to do so, the spiritual, moral, social and cultural development of the children for whom the nursery education is provided.
Registration of nursery education inspectors F106for Wales
Words in Sch. 26 para. 8 heading inserted (3.10.2005 for E.) by Education Act 2005 (c. 18), s. 125(4), Sch. 7 para. 13 (with s. 119); S.I. 2005/2034, art. 6
8
1
C252
The Chief Inspector F98for Wales—
a
b
shall keep under review the system of inspections under paragraph F1086B and, in particular, the standard of such inspections and of the reports made of them.
C253
The Chief Inspector F98for Wales shall not register a person under this paragraph unless, having regard to any conditions that he proposes to impose under sub-paragraph F62(5B), it appears to him that the person—
a
is a fit and proper person for discharging the functions of a registered F110Welsh nursery education inspector, and
b
will be capable of conducting inspections under paragraph F1116B competently and effectively and no person shall be so registered if he falls within a category of persons prescribed for the purposes of this sub-paragraph.
C25F634
Subject to that, the Chief Inspector F98for Wales shall register such persons as he considers appropriate.
C255
5A
The Chief Inspector F98for Wales may require payment of a fee before registering a person under sub-paragraph (4).
5B
Registration under sub-paragraph (4) may be subject to such conditions as the Chief Inspector F98for Wales considers it appropriate to impose.
C256
Conditions imposed under sub-paragraph F64(5B) may be conditions applying generally in relation to all cases, or particular classes of case, or such conditions together with specific conditions applying in the particular case.
C257
C258
The period for which any registration is to have effect shall be determined by the Chief Inspector F98for Wales and shall be entered in the register kept by him.
C25F679
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9
C261
If the Chief Inspector F114for Wales is satisfied that any of the conditions mentioned in sub-paragraph (2) is satisfied with respect to a nursery education inspector registered in his register, he may remove the name of that inspector from that register.
C262
The conditions are that—
a
b
he is no longer capable of conducting inspections under that paragraph competently and effectively,
c
there has been a significant failure on his part to comply with any condition imposed under F65paragraph 8(5B) subject to which his registration has effect,
d
he has, without reasonable explanation, produced a report of an inspection under paragraph F1176B which is, in whole or in part, seriously misleading.
C263
The Chief Inspector F118for Wales may vary any condition subject to which the registration of an inspector has effect, or vary the registration of an inspector by imposing a condition subject to which it will have effect, if he is satisfied—
a
that he is authorised by sub-paragraph (1) to remove the name of the inspector from his register, or
b
that it would otherwise be in the public interest for him to do so.
C264
References in this Schedule to a condition imposed under F66paragraph 8(5B) include a condition imposed under sub-paragraph (3).
F1195
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C2710
1
Any person who is aggrieved by—
a
the refusal of the Chief Inspector F120for Wales to renew his registration under paragraph 8,
b
the imposition or variation of any condition subject to which he is registered under that paragraph, or
c
the removal of his name from the register under paragraph 9,
may appeal against the Chief Inspector’s decision.
F1211A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1222
An appeal under sub-paragraph (1) shall be made to a tribunal with the same constitution as a tribunal to hear an appeal under section 27 of the Education Act 2005; and paragraph 2 (procedure) and paragraph 3 (staff) of Schedule 3 to that Act apply to tribunals to hear appeals under sub-paragraph (1) as they apply to tribunals to hear appeals under that section.
3
No decision against which an appeal may be made under sub-paragraph (1) shall have effect until—
a
any appeal against it which is duly made is disposed of, or
b
the period within which an appeal may be made expires without an appeal being made.
4
Sub-paragraph (3) shall not apply where the Chief Inspector F123for Wales—
a
is satisfied that the circumstances of the case justify the decision in question taking effect immediately or earlier than would otherwise be the case, and
b
notifies the person concerned to that effect.
5
On determining any appeal under this paragraph, the tribunal may—
a
confirm, reverse or vary the decision appealed against, or
b
remit the case to the Chief Inspector F123for Wales with directions as to the action to be taken by him.
F124Training of registered Welsh nursery education inspectors
Sch. 26 para. 11 heading substituted (3.10.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 7 para. 17 (with s. 119); S.I. 2005/2034, art. 6; S.I. 2006/1338, art. 3, Sch. 1
C2811
1
A registered F125Welsh nursery education inspector shall not conduct an inspection under paragraph 6 unless he has, in the opinion of the Chief Inspector F126for Wales, satisfactorily completed a course of training provided by, or complying with arrangements approved by, the Chief Inspector F126for Wales.
2
Sub-paragraph (1) shall not apply in such circumstances as may be specified, either generally or in relation to a particular case or class of case, by the Chief Inspector F127for Wales.
3
Where the Chief Inspector F128for Wales provides such training he may charge such fees as are reasonable for the purpose of recovering the whole, or part, of the cost of providing it.
Impartiality
12
A person shall not undertake an inspection under paragraph F1296B of nursery education provided by a person at any premises, or accompany a person undertaking such an inspection, if he has, or has at any time had, any connection with—
a
the person by whom the education is provided (or, where it is provided by a body, any member of the body), or
b
any person employed by that person (whether or not at the premises),
of a kind which might reasonably be taken to raise doubts about his ability to act impartially.
F130 Reports of inspections
Sch. 26 paras. 13A, 13B and cross-heading substituted for Sch. 26 para. 13 (1.8.2005 for specified purposes, 3.10.2005 for E. except in relation to Sch. 26 para. 13B, 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 7 para. 20 (with s. 119); S.I. 2005/2034, arts. 2, 6; S.I. 2006/1338, art. 3, Sch. 1
13
1
Where a person has conducted an inspection under paragraph 6 he shall make his report in writing to the Chief Inspector within such period as may be prescribed, subject to any extension not exceeding three months which the Chief Inspector may consider necessary.
2
Once the report of an inspection has been made to the Chief Inspector under sub-paragraph (1) he shall without delay send a copy of it to such authorities and persons as may be prescribed.
3
Section 42A(2) and (3) of the M37School Inspections Act 1996 shall apply in relation to the publication of any such report as they apply in relation to the publication of a report under any of the provisions mentioned in section 42A(2).
F130Reports of inspections: England
F34913A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Reports of inspections: Wales
13B
1
Where a person has conducted an inspection under paragraph 6B he shall make his report in writing to the Chief Inspector for Wales within such period as may be prescribed, subject to any extension not exceeding three months which the Chief Inspector for Wales may consider necessary.
2
Once the report of an inspection has been made to the Chief Inspector for Wales under sub-paragraph (1) he shall without delay send a copy to such authorities and persons as may be prescribed.
3
Regulations may require any prescribed person to whom a copy of the report is sent under subsection (2) to make a copy of the report available for inspection by prescribed persons.
4
Subsections (2) to (4) of section 29 of the Education Act 2005 shall apply in relation to the publication of any such report in relation to Wales as they apply in relation to the publication of a report under any of the provisions mentioned in subsection (2) of that section.
Annual reports of the Chief Inspector
F13114
F1871
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
The annual report of the Chief Inspector for Wales required by subsection (1)(a) of section 21 of the Education Act 2005 to be made to the National Assembly for Wales shall include an account of the exercise of the functions conferred or imposed on him by or under this Schedule; and the power conferred by subsection (1)(b) of that section to make other reports to the Assembly includes a power to make reports which fall within the scope of his functions by virtue of this Schedule.
Reserve powers of the Chief Inspector
F6815
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
16
F13317
Where an inspection in Wales is being conducted by a registered Welsh nursery education inspector under paragraph 6B, the Chief Inspector for Wales may arrange for the inspection to be monitored by one or more members of the Welsh Inspectorate.
Rights of entry
18
1
F134This paragraph applies to—
F351a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
a member of the Inspectorate monitoring such an inspection under paragraph 17.
F134This paragraph applies to—
a
the Chief Inspector for England when conducting an inspection under paragraph 6A,
b
a registered Welsh nursery education inspector or member of the Welsh Inspectorate conducting an inspection under paragraph 6B, or
c
a member of the Welsh Inspectorate monitoring under paragraph 17 an inspection under paragraph 6B.
2
A person to whom this paragraph applies shall have at all reasonable times—
a
a right of entry to the premises at which the relevant nursery education concerned is provided; and
b
a right to inspect, and take copies of—
i
any records kept by the person providing that education, and
ii
any other documents containing information relating to the provision of that education,
which he requires for the purposes of conducting or (as the case may be) monitoring the inspection.
3
F135Section 58 of the Education Act 2005 (inspection of computer records for the purposes of Part 1 of that Act) shall apply for the purposes of this paragraph as it applies for the purposes of Part 1 of that Act.
4
F135It shall be an offence wilfully to obstruct a member of the Inspectorate or a registered nursery education inspector in the exercise of his functions in relation to an inspection under paragraph 6.
F135It shall be an offence—
F352a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
intentionally to obstruct a member of the Welsh Inspectorate or a registered Welsh nursery education inspector in the exercise of his functions in relation to an inspection under paragraph 6B.
5
Any person guilty of an offence under sub-paragraph (4) shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
6
In this paragraph “documents” and “records” each include information recorded in any form.
I4F47SCHEDULE 27 Further provision about partnership arrangements in Wales
Sch. 27 wholly in force at 1.9.1999; Sch. 27 not in force at Royal Assent see s. 145(3); Sch. 27 in force at 1.4.1999 for specified purposes by S.I. 1998/2212, art. 2, Sch. 1 Pt. IV; Sch. 27 in force at 1.9.1999 in so far as not already in force by S.I. 1999/2323, art. 2(1), Sch. 1 (with arts. 3-5, Schs. 5-7).
Sch. 27 repealed (28.7.2000 in so far as consequential on ss. 130, 131, Sch. 8, 1.1.2001 (W.) otherwise) by 2000 c. 21, s. 153, Sch. 11; S.I. 2000/3230, art. 2, Sch.
SCHEDULE 5A Further provision about partnership arrangements in Wales
Interpretation
1
In this Schedule—
“the participating bodies”, in relation to an arrangement, means—
- i
the parties to the arrangement,
- ii
the Further Education Funding Council for Wales, and
- iii
each governing body of a school which has consented to the arrangement; and
“the parties”, in relation to an arrangement, means—
- i
each local education authority, and
- ii
each governing body of an institution (or institutions) within the further education sector,
which is a party to the arrangement.
Approval by the Secretary of State
2
1
An application for approval of an arrangement by the Secretary of State for the purposes of section 60A of this Act (“an application”) shall be made jointly by the parties to the arrangement.
2
An application shall be in such form and contain such information as may be prescribed by regulations.
3
In addition, the participating bodies shall provide the Secretary of State with such further information as he may require for the purpose of deciding whether or not to grant the approval.
Termination of arrangement etc
3
1
Subject to any provision of the arrangement to the contrary and to sub-paragraph (2) below, a partnership arrangement to which section 60A of this Act applies shall continue in force indefinitely.
2
The Secretary of State may withdraw approval of a partnership arrangement to which section 60A of this Act applies.
3
The Secretary of State shall exercise his powers under sub-paragraph (2) in accordance with the provisions of the arrangement.
Variation of arrangement
4
1
The parties to a partnership arrangement to which section 60A of this Act applies shall not make any change to the arrangement except—
a
with the consent of the other participating bodies, and
b
if the change amounts to a significant change to the arrangement, with the consent of the Secretary of State.
2
If a question arises whether a change to an arrangement would be a significant change, that question shall be determined by the Secretary of State.
Interpretation of existing enactments
5
1
Regulations may provide—
a
for any reference in an enactment to secondary education to be construed as including further education provided under a partnership arrangement to which section 60A of this Act applies, and
b
for any enactment containing such a reference to apply in relation to such further education with such modifications (if any) as may be specified in the regulations.
2
In sub-paragraph (1), enactment includes an enactment comprised in subordinate legislation (within the meaning of the M38Interpretation Act 1978).
SCHEDULE 28 Amendments relating to school and nursery inspections
Part I School inspections
Introductory
F1361
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Persons who may be registered inspectors
F1362
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Decisions of Chief Inspector having immediate effect
F1363
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Enrolment of persons to act as team members
F1364
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Replacement of inspectors
F1365
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F71Part II
Sch. 28 Pt. II repealed (1.4.2003 for E., 31.5.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4; S.I. 2005/1395, art. 4, Sch.
SCHEDULE 29 Amendments relating to functions of Education Transfer Council
Introductory
1
In this Schedule “the 1988 Act” means the M39Education Reform Act 1988.
General provisions as to transfers
2
1
Section 198 of the 1988 Act (transfers under Parts I and II of that Act) shall be amended as follows.
2
For subsections (1) to (4) substitute—
1
This section applies to any transfer under any of the following provisions, namely—
a
section 126 or 130 of this Act,
b
Schedule 21 to the School Standards and Framework Act 1998 (“the 1998 Act”), or
c
any regulations made—
i
under section 21(5) or (9) of that Act, or
ii
under paragraph 10 of Schedule 2 or paragraph 5 of Schedule 8 to that Act;
and those provisions, so far as relating to transfers under them, shall in each case have effect subject to Schedule 10 to this Act.
1A
However, nothing in—
a
the provisions of that Schedule other than paragraph 2(4), or
b
subsection (3) below,
applies in relation to any transfer agreement falling to be made under paragraph 4 or 7 of Schedule 21 to the 1998 Act or any corresponding provision of regulations under that Act.
2
Schedule 10 to this Act has effect for the purpose of—
a
dividing and apportioning property, rights and liabilities which fall to be transferred under any transfer to which this section applies by a transferor authority or body where that property has been used or held, or the rights or liabilities have been acquired or incurred, for the purposes of more than one school or other educational institution;
b
excluding from transfer in certain circumstances property, rights and liabilities which would otherwise fall to be transferred under any such transfer;
c
providing for identifying and defining the property, rights and liabilities which fall to be transferred under a transfer to which this section applies; and
d
making supplementary and consequential provisions in relation to such transfers.
3
In carrying out the functions conferred or imposed on them by that Schedule—
a
the Education Transfer Council—
i
shall, subject to subsection (4) below, not act on behalf of the transferor, the transferee or any other interested person, but
ii
shall seek to ensure that all such persons’ interests are protected; and
b
it shall be the duty of the Council, so far as it is reasonably practicable for them to do so, to secure that each transfer to which this section applies is, so far as possible, fully effective on the date on which it takes effect under this Act or under or by virtue of the 1998 Act.
4
Where the transferor under any such transfer is a local authority and in accordance with that Schedule anything falls to be or may be done by the Council for the purposes of or in connection with that transfer—
a
it may not be done by the transferee; and
b
in doing it the Council shall be regarded as acting on behalf and in the name of the transferee;
and in a case where the transferee is a body corporate established under this Act or the 1998 Act paragraph (b) above applies both in relation to things done before and in relation to things done after that body is established under this Act or the 1998 Act.
3
For “the Board”, wherever occurring in subsections (5) and (6) of section 198, there is substituted (in accordance with section 136(2) of this Act) “the Council”.
Division and apportionment of property etc.
3
For paragraph 1 of Schedule 10 to the 1988 Act (supplementary provisions with respect to transfers) substitute—
Division and apportionment of property etc.
1
1
Any property, rights and liabilities of a transferor authority held or used or subsisting—
a
for the purposes of more than one relevant institution; or
b
partly for the purposes of one or more relevant institutions and partly for other purposes of the transferor authority;
shall, where the nature of the property, right or liability permits, be divided or apportioned between the transferees, or (as the case may be) between the transferor authority and the transferee or transferees, in such proportions as may be appropriate.
2
Any property, rights or liabilities of a transferor body shall, where the nature of the property, right or liability permits, be divided or apportioned between the transferees, or (as the case may be) between the transferor body and the transferee or transferees, in such proportions as may be appropriate.
3
Where any estate or interest in land falls to be divided in accordance with either sub-paragraph (1) or sub-paragraph (2) above—
a
any rent payable under a lease in respect of that estate or interest; and
b
any rent charged on that estate or interest;
shall be correspondingly divided or apportioned so that each part is payable in respect of, or charged on, only one part of the estate or interest and the other part or parts are payable in respect of, or charged on, only the other part or parts of the estate or interest.
4
Any such property, right or liability as is mentioned in sub-paragraph (1) or (2) above the nature of which does not permit its division or apportionment as so mentioned shall be transferred to the transferee (or to one or other of the transferees) or retained by the transferor authority or body according to—
a
in the case of an estate or interest in land, whether on the transfer date the transferor authority or body or the transferee (or one or other of the transferees) appears to be in greater need of the security afforded by that estate or interest or, where none of them appears to be in greater need of that security, which of them appears on that date to be likely to make use of the land to the greater extent; or
b
in the case of any other property or any right or liability, which of them appears on the transfer date to be likely to make use of the property or (as the case may be) to be affected by the right or liability to the greater extent;
subject (in either case) to such arrangements for the protection of the other person or persons concerned as may be agreed between the transferor authority or body and the relevant person or determined by the Secretary of State under paragraph 3 below.
5
In this paragraph—
a
“relevant institution” means—
i
any institution which a body corporate is established under this Act to conduct;
ii
any institution to which section 130 of this Act applies; and
iii
any maintained school;
b
“the relevant person” means—
i
in a case where the transferor is a transferor authority, the Education Transfer Council;
ii
in a case where the transferor is a transferor body, the transferee;
c
references to a transferor authority are references to a local authority who are the transferor for the purposes of any transfer to which this Schedule applies;
d
references to a transferor body are references to any foundation body who are the transferor for the purposes of any transfer to which this Schedule applies;
and for the purposes of this sub-paragraph references to a maintained school or a foundation body have the same meaning as in the School Standards and Framework Act 1998.
Identification of property, rights and liabilities
4
For paragraph 2 of Schedule 10 to the 1988 Act substitute—
Identification of property, rights and liabilities
2
1
It shall be the duty of the transferor and the relevant person, whether before or after the transfer date, so far as practicable to arrive at such written agreements, and to execute such other instruments, as are necessary or expedient to identify or define the property, rights and liabilities transferred to the transferee or retained by the transferor or for making any such arrangements as are mentioned in paragraph 1(4) above and as will—
a
afford to the transferor and the transferee as against one another such rights and safeguards as they may require for the proper discharge of their respective functions; and
b
make as from such date, not being earlier than the transfer date, as may be specified in the agreement or instrument such clarifications and modifications of the effect of the provision of this Act or of the 1998 Act (or any regulations made under it) under which the transfer is required on the property, rights and liabilities of the transferor as will best serve the proper discharge of the respective functions of the transferor and the transferee.
2
Any such agreement shall provide so far as it is expedient—
a
for the granting of leases and for the creation of other liabilities and rights over land whether amounting in law to interests in land or not, and whether involving the surrender of any existing interest or the creation of a new interest or not;
b
for the granting of indemnities in connection with the severance of leases and other matters;
c
for responsibility for registration of any matter in any description of statutory register.
3
Except in a case where the transferor is a local authority, the Education Transfer Council shall—
a
assist the transferor, the transferee and any other interested person in identifying or defining the property, rights and liabilities transferred to the transferee or retained by the transferor;
b
advise such persons as to the terms of any agreement or instrument falling to be made under sub-paragraph (1) above;
c
assist such persons to negotiate any such agreement or instrument and mediate in any such negotiations;
d
prepare drafts of any such agreement or instrument; and
e
assist the parties in executing and giving effect to any such agreement or instrument.
4
If and to the extent that they are requested to do so by any person falling to make a transfer agreement under paragraph 4 or 7 of Schedule 21 to the 1998 Act or any corresponding provision of regulations under that Act, the Education Transfer Council shall exercise any one or more functions falling within sub-paragraph (3) above in relation to such an agreement, or an instrument made pursuant to such an agreement, as if it were an agreement or instrument falling to be made under sub-paragraph (1) above.
5
Any transfer of any estate or interest in land under this paragraph or under paragraph 1 above (whether by virtue of an agreement or instrument entered into before or after the transfer date) shall be regarded as having taken place on the transfer date.
6
In this paragraph—
“the 1998 Act” means the School Standards and Framework Act 1998; and
“the relevant person” means—
- a
in a case where the transferor is a local authority, the Education Transfer Council;
- b
in a case where the transferor is not a local authority, the transferee.
Resolution of disputes
5
For paragraph 3 of Schedule 10 to the 1988 Act substitute—
Resolution of disputes
3
1
The Education Transfer Council shall notify the Secretary of State if it appears to them that it is unlikely in the case of any matter on which agreement is required to be reached under paragraph 2(1) above that such an agreement will be reached.
2
Where the Secretary of State has received a notification from the Council under sub-paragraph (1) above, he may, whether before or after the transfer date, give a direction determining that matter, and may include in the direction any provision which might have been included in an agreement under paragraph 2(1) above.
3
Any property, rights or liabilities required by a direction under this paragraph to be transferred to the transferee shall be regarded as having been transferred to, and by virtue of this Act vested in, the transferee on the transfer date.
4
The Secretary of State shall consult the transferor, the transferee and any other interested person before giving a direction under this paragraph.
5
The Education Transfer Council shall give the Secretary of State such assistance and advice as he may require for the purpose of determining any matter under this paragraph.
Proof of title by certificate
6
In paragraph 5 of Schedule 10 to the 1988 Act, for “or of the Education Act 1996” substitute “
or of the School Standards and Framework Act 1998
”
.
Construction of agreements etc.
7
In paragraph 7 of Schedule 10 to the 1988 Act, for “or of the Education Act 1996”, in both places, substitute “
or of the School Standards and Framework Act 1998
”
.
Third parties affected by vesting provisions
8
In paragraph 9 of Schedule 10 to the 1988 Act—
a
in sub-paragraph (6)(a), after “Board” insert “
or (as the case may be) the transferee
”
;
b
in sub-paragraph (6)(b), for “or of the Education Act 1996” substitute “
or of the School Standards and Framework Act 1998 (or any regulations made under it)
”
; and
c
in sub-paragraph (9), after “Board” insert “
or (as the case may be) the transferee
”
.
Delivery of documents to transferee
9
In paragraph 10 of Schedule 10 to the 1988 Act, after “transfer” insert “
under which the transferor is a local authority
”
.
Amendment of references to Education Assets Board
10
For “the Education Assets Board” or “the Board”, wherever occurring in Schedule 10 to the 1988 Act, there is substituted (in accordance with section 136(2) of this Act) “
the Education Transfer Council
”
or “
the Council
”
respectively.
SCHEDULE 30 Minor and consequential amendments
Children and Young Persons Act 1933 (c.12)
1
In section 1(7) of the M40Children and Young Persons Act 1933 (saving for right of parents etc. to administer corporal punishment), for “teacher, or other person” substitute “
or (subject to section 548 of the Education Act 1996) any other person,
”
.
Local Authorities (Goods and Services) Act 1970 (c.39)
2
1
Subject to sub-paragraph (2), in the Local Authorities (Goods and Services) Act 1970 (supply of goods and services by local authorities to public bodies) “public body” shall include any Education Action Forum established in an education action zone.
2
The provision in sub-paragraph (1) shall have effect as if made by an order under section 1(5) of that Act (power to provide that a person shall be a public body for the purposes of the Act).
3
An order under section 1(5) may accordingly vary or revoke the provisions of sub-paragraph (1) above as they apply to an Education Action Forum specified in the order.
Local Government Act 1972 (c.70)
3
1
Section 177 of the Local Government Act 1972 (provisions supplementary to sections 173 to 176) shall be amended as follows.
2
In subsection (1), omit the words from the beginning to “committees),”.
F693
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Local Government Act 1974 (c.7)
I54
1
The Local Government Act 1974 shall be amended as follows.
2
For section 25(5) (authorities subject to investigation by Local Commissioner) substitute—
5
Any reference to an authority to which this Part of this Act applies also includes a reference to—
a
a school organisation committee constituted in accordance with section 24 of the School Standards and Framework Act 1998,
b
an exclusion appeals panel constituted in accordance with Schedule 18 to that Act,
c
an admission appeals panel constituted in accordance with Schedule 24 or paragraph 3 of Schedule 25 to that Act, and
d
the governing body of any community, foundation or voluntary school so far as acting in connection with the admission of pupils to the school or otherwise performing any of their functions under Chapter I of Part III of that Act.
Sex Discrimination Act 1975 (c.65)
F3855
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3866
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Race Relations Act 1976 (c.74)
F3877
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
National Health Service Act 1977 (c.49)
F1858
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Representation of the People Act 1983 (c.2)
9
The Representation of the People Act 1983 shall be amended as follows.
10
In section 95(2)(a) (schools and rooms for parliamentary election meetings), for “county schools voluntary schools and grant-maintained schools” substitute “
community, foundation and voluntary schools
”
.
11
In section 96(2)(a) (schools and rooms for local election meetings), for “county voluntary or grant-maintained school” substitute “
community, foundation or voluntary school
”
.
12
In Schedule 5 (use for parliamentary election meetings of rooms in school premises and meeting rooms), in paragraph 1(1), for “a grant-maintained school” substitute “
a foundation or voluntary aided school
”
.
Local Government Act 1986 (c.10)
F6013
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Education (No. 2) Act 1986 (c.61)
F32414
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Local Government Act 1988 (c.9)
15
In Schedule 1 to the Local Government Act 1988 (defined activities open to competition), in paragraph 8(5), for the words from “county or” to “education authority;” substitute “
community, foundation or voluntary schools or community or foundation special schools;
”
.
Education Reform Act 1988 (c.40)
16
The Education Reform Act 1988 shall be amended as follows.
F32717
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
18
In section 221(1)(b) (avoidance of certain contractual terms), for “an aided or grant-maintained school;” substitute “
a foundation, voluntary aided or foundation special school;
”
.
19
In section 226(4) (services to schools in member States providing education to British children), for the words from “any county” to the end substitute “
any community, foundation or voluntary school.
”
20
In Schedule 8 (provisions relating to the body to be known as the Education Transfer Council)—
a
omit paragraph 6(3); and
b
in paragraph 8—
i
in sub-paragraph (4), omit “given with the consent of the Treasury”; and
ii
in sub-paragraph (7), for “Treasury” substitute “
Secretary of State
”
.
Children Act 1989 (c.41)
21
In Schedule 9 to the Children Act 1989 (child minding and day care for young children), in paragraph 3(3), for the definitions of “assisted” and “maintained” substitute—
“assisted” has the same meaning as in the M41Education Act 1996;
“maintained” has the same meaning as in the School Standards and Framework Act 1998; and
Local Government and Housing Act 1989 (c.42)
22
In section 13(5) of the Local Government and Housing Act 1989 (voting rights of certain members of committees)—
a
after “is required” insert “
either
”
; and
b
at the end insert “
or pursuant to regulations under subsection (6) of that section.
”
Environmental Protection Act 1990 (c.43)
23
In section 98(2) of the Environmental Protection Act 1990 (definitions), for paragraphs (f) and (g) substitute—
f
any community, foundation or voluntary school;
g
any community or foundation special school.
School Teachers’ Pay and Conditions Act 1991 (c.49)
F5524
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5525
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5526
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5527
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5528
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Diocesan Boards of Education Measure 1991 (1991 No.2)
29
The Diocesan Boards of Education Measure 1991 shall be amended as follows.
30
In section 3 (transactions for which advice or consent of Board is required)—
a
in subsection (1), for the words from “before making” to the end substitute
before—
a
publishing proposals for any prescribed alteration to the school under section 28(2)(b) of the School Standards and Framework Act 1998;
b
publishing proposals for the discontinuance of the school under section 29(2) of that Act;
c
serving notice of an intention to discontinue the school under section 30(1) of that Act;
d
publishing proposals for changing the category of the school under paragraph 2 or 3 of Schedule 8 to that Act; or
e
making any application to, or entering into any agreement with, any body or person for or in connection with any disposal (whether by sale or otherwise) of the premises of the school or any part of them.
b
in subsection (2), for “an aided or special agreement school” substitute “
a voluntary aided school
”
;
c
omit subsections (4) and (5); and
d
in subsection (6)—
i
omit “or (5)”, and
ii
for “the secretary of the governing body” substitute “
the clerk to the governing body
”
.
31
In section 7 (powers of Board to give directions to governing bodies)—
a
for subsection (1) substitute—
1
Where the Board is satisfied that the governing body of a voluntary aided church school in the diocese in discharging, or failing to discharge, its functions so far as relating to—
a
the making of any prescribed alteration to the school under Chapter II of Part II of the School Standards and Framework Act 1998, or
b
the discontinuance of the school under that Chapter, or
c
changing the school’s category in accordance with paragraph 2 or 3 of Schedule 8 to that Act,
is acting in a manner which is not in the interests of that school or of church schools generally, the Board may, subject to subsection (1A) below, give directions to the governing body as to the discharge of those functions.
1A
The Board may not, under subsection (1) above, give directions as to the publication of proposals under paragraph 2 or 3 of Schedule 8 to that Act which would prevent the publication of proposals for the school to become a foundation school.
b
in subsection (2), for “the secretary of the governing body” substitute “
the clerk to the governing body
”
;
c
in subsection (3), for the words from the beginning of paragraph (a) onwards substitute—
a
publication of proposals for any prescribed alteration to the school under section 28(2)(b) of the School Standards and Framework Act 1998; or
b
publication of proposals under paragraph 2 or 3 of Schedule 8 to that Act,
the Board may itself publish those proposals, and the provisions of that Act shall apply to anything done by the Board by virtue of this subsection as if it had been done by the governing body of the school.
d
omit subsection (5); and
e
for the sidenote substitute “
Powers of Board to give directions to governing bodies of voluntary aided church schools.
”
32
1
Section 10 (interpretation) shall be amended as follows.
2
In subsection (1)—
a
omit the definition of “Church of England voluntary school”, and
b
for the definition of “church school” substitute—
“church school” means a foundation or voluntary school which is a Church of England school as defined by section 142(1) of the School Standards and Framework Act 1998;
3
Omit subsection (2).
4
For subsection (3) substitute—
3
Expressions used in this Measure which are also used in the School Standards and Framework Act 1998 shall, unless the context otherwise requires, have the same meaning as in that Act.
Further and Higher Education Act 1992 (c.13)
33
The Further and Higher Education Act 1992 shall be amended as follows.
34
In section 5(4) (administration of funds by councils), for “grant-maintained school” substitute “
maintained school
”
.
35
In section 21 (initial instruments and articles)—
a
in subsection (1), omit—
i
paragraph (a), and
ii
“(b) in any other case,”;
b
in subsection (2), omit—
i
“orders and”,
ii
in paragraph (a), “grant-maintained school or other”, and
iii
in paragraph (b), “grant-maintained schools or other”; and
c
in subsection (3), for the words from “a grant-maintained” to “earlier enactment)” substitute “
a maintained school, the governing body incorporated under Chapter III of Part II of the School Standards and Framework Act 1998
”
.
36
For section 25 substitute—
25 Transfer of property, etc. from foundation bodies.
1
This section applies where a further education corporation is established to conduct an institution which, on the date the corporation is established, is a foundation or voluntary school belonging to the group of schools for which a foundation body acts under section 21 of the School Standards and Framework Act 1998.
2
Regulations may make such provision as the Secretary of State considers necessary or expedient in connection with the transfer, in any such case, of property, rights and liabilities from the foundation body to the further education corporation.
3
Regulations under subsection (2) may, in relation to any such transfer of property, rights or liabilities—
a
modify any provision made by or under any of sections 23, 24, 36 and 38 of this Act and Schedule 5 to this Act;
b
apply any such provision with or without modifications;
c
make provision corresponding or similar to any such provision.
4
In this section “foundation body” and “group of schools” have the same meaning as in the School Standards and Framework Act 1998.
37
In section 26 (transfer of staff to further education corporation)—
a
in subsection (1), omit “or was a grant-maintained school”; and
b
in subsection (6)—
i
for “that authority” substitute “
references to that authority, and
”
, and
ii
for paragraphs (b) and (c) substitute—
b
in relation to a corporation established to conduct an institution which, on that date, was a foundation or voluntary aided school, references to the governing body of that school.
38
In section 28(2)(a) (designation of institutions as eligible for funds) after “school” insert “
(other than one belonging to a group of schools for which a foundation body acts under section 21 of the School Standards and Framework Act 1998)
”
.
39
In section 32 (transfer of property, etc., to designated institutions), after subsection (2) insert—
2A
In the case of an institution which when designated was a voluntary aided school, on the designation date—
a
all land and other property which, immediately before that date, was property of the governing body of the school incorporated under Chapter III of Part II of the School Standards and Framework Act 1998, and
b
all rights and liabilities of that body subsisting immediately before that date,
shall be transferred to and, by virtue of this Act, vest in the governing body of the designated institution; and the governing body of the school shall be dissolved on that date.
40
In section 37 (attribution of surpluses and deficits)—
a
in subsection (1), for “section 103 of the Education Act 1996 (schemes for financing schools)” substitute “
section 48 of the School Standards and Framework Act 1998 (LEAs’ financial schemes)
”
; and
b
in subsection (7), in the definition of “budget share”, for “Part II of the Education Act 1996” substitute “
Part II of the School Standards and Framework Act 1998
”
.
F4841
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4942
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
43
In section 47(2) (transfer of higher education institutions to further education sector) for the words from “any provision” to the end substitute “
provision as to the initial name of the corporation as a further education corporation.
”
44
F50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F31745
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
46
In section 90 (interpretation)—
a
after subsection (3) insert—
3A
In this Act references to a voluntary aided school are—
a
in relation to any time before the appointed day within the meaning of the M42School Standards and Framework Act 1998, references to a voluntary aided school within the meaning of the Education Act 1996; or
b
in relation to any time on or after that day, references to a voluntary aided school within the meaning of the 1998 Act.
b
in subsection (5), at end insert “
and section 140(2) of the School Standards and Framework Act 1998 has effect for defining the expressions there mentioned.
”
Tribunals and Inquiries Act 1992 (c.53)
I647
In paragraph 15 of Schedule 1 to the Tribunals and Inquiries Act 1992 (tribunals under general supervision of Council on Tribunals)—
F70a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
in paragraph (d), for “(c. 38)” substitute “
(c. 57)
”
.
Charities Act 1993 (c.10)
F35448
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
49
In section 79(9) of that Act (parochial charities), for the words from “voluntary or” to the end substitute “
foundation or voluntary school within the meaning of the School Standards and Framework Act 1998.
”
Welsh Language Act 1993 (c.38)
50
In section 6(1) of the Welsh Language Act 1993 (meaning of “public body”), for paragraph (l) substitute—
l
the governing body of a community, foundation or voluntary school or a community or foundation special school (within the meaning of the School Standards and Framework Act 1998);
Value Added Tax Act 1994 (c.23)
51
In Schedule 9 to the Value Added Tax Act 1994 (exemptions), in paragraph (a) of Note (1) to Group 6 (education)—
a
b
omit sub-paragraphs (v) and (vii).
Education Act 1994 (c.30)
I752
The Education Act 1994 shall be amended as follows.
53
In section 11A (general duty of Secretary of State with respect to training), omit “grant-maintained schools,”.
F8954
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Employment Rights Act 1996 (c.18)
55
In section 134(1) of the Employment Rights Act 1996 (teachers in aided schools), for the words from “an aided school” to “1996” substitute “
a foundation, voluntary aided or foundation special school is dismissed by the governing body of the school in pursuance of a requirement of the local education authority under section 55(5) of the School Standards and Framework Act 1998
”
.
Nursery Education and Grant-Maintained Schools Act 1996 (c.50)
F32856
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Education Act 1996 (c.56)
57
The Education Act 1996 shall be amended as follows.
58
In section 1(2) (the stages of education), omit paragraph (b) and the “and” preceding it.
F9059
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
60
In section 6(2) (nursery schools and special schools), for the words from “and” onwards substitute “
and (in the case of a school which is not maintained by a local education authority) is for the time being approved, as mentioned in section 337.
”
61
In section 9 (pupils to be educated in accordance with parents’ wishes), for the words from “State,” to “funding authorities” substitute “
State and local education authorities
”
.
62
In section 14 (functions of F383local authorities in respect of provision of primary and secondary schools), omit subsection (5).
63
After section 15 insert—
15A Functions in respect of full-time education for 16 to 18 year olds.
1
A local education authority may secure the provision for their area of full-time education suitable to the requirements of persons over compulsory school age who have not attained the age of 19, including provision for persons from other areas.
2
Subsections (6) and (7) of section 14 shall apply in relation to functions under this section as they apply in relation to functions under that section.
F35664
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
65
In section 17(2) (powers in respect of nursery education), for “establish, maintain and assist” substitute “
establish and maintain
”
.
I866
Omit sections 20 to 28 (the funding authorities).
67
In section 29 (provision of information by F383local authorities)—
a
omit subsection (2), and
b
in subsection (3), omit the words “and the funding authority”.
68
Omit section 30 (provision of information by funding authorities).
I969
Part II (schools maintained by F383local authorities) shall be omitted.
I1070
Part III (grant-maintained schools) shall be omitted.
71
In section 312 (definitions for purposes of Part IV)—
a
in subsection (4)(a) omit “or grant-maintained schools in their area”; and
b
in subsection (5) for the definition of “maintained school” substitute—
“maintained school” means any community, foundation or voluntary school or any community or foundation special school not established in a hospital.
72
In section 313(1) (code of practice on special educational needs), for “maintained or grant-maintained schools, or grant-maintained special schools,” substitute “
maintained schools
”
.
73
In section 315(2) (review of arrangements for special educational provision), for the words from “the funding” onwards substitute “
the governing bodies of community, foundation and voluntary and community and foundation special schools in their area.
”
74
1
Section 317 (duties of governing body or F382local authority in relation to pupils with special educational needs) shall be amended as follows.
F3292
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3293
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
In subsection (3)—
a
in paragraph (a)—
i
for “county, voluntary and grant-maintained schools” substitute “
community, foundation and voluntary schools
”
, and
ii
omit “, the funding authority”; F330...
F330b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
In subsection (4), for “a county, voluntary or grant-maintained school” substitute “
a community, foundation or voluntary school
”
.
6
In subsection (5), for “each county, voluntary, maintained special or grant-maintained school” substitute “
each community, foundation or voluntary or community or foundation special school
”
.
7
In subsection (6), for “each county, voluntary or grant-maintained school” substitute “
each community, foundation or voluntary school
”
.
8
In subsection (7), for the words from “the articles” onwards substitute “
section 42 of the School Standards and Framework Act 1998.
”
I1175
1
Section 318 (provision of goods and services in connection with special educational needs) shall be amended as follows.
2
In subsection (1)—
a
in paragraph (a), for “county, voluntary or grant-maintained schools” substitute “
community, foundation or voluntary schools
”
, and
b
in paragraph (b), for “maintained or grant-maintained special schools” substitute “
community or foundation special schools
”
.
3
In subsection (2), for the words from “this section” to “in any other area” substitute “
this section to the governing bodies of community, foundation or voluntary schools or community or foundation special schools in any other area
”
.
4
For subsection (3) substitute—
3
A local education authority may supply goods and services to any authority or other person (other than a governing body within subsection (1)) for the purpose only of assisting them in making for any child to whom subsection (3A) applies any special educational provision which any learning difficulty of the child calls for.
3A
This subsection applies to any child—
a
who is receiving relevant nursery education within the meaning of section 123 of the School Standards and Framework Act 1998, or
b
in respect of whose education grants are (or are to be) made under section 1 of the M45Nursery Education and Grant-Maintained Schools Act 1996.
76
In section 321(3) (general duty of F382local authority towards children for whom they are responsible)—
a
in paragraph (a), for the words from “maintained” onwards substitute “
maintained school
”
, and
b
for paragraph (b) substitute—
b
education is provided for him at a school which is not a maintained school but is so provided at the expense of the authority,
I1277
In section 324 (statement of special educational needs)—
a
in subsection (5)(b), for “maintained, grant-maintained or grant-maintained special school” substitute “
maintained school
”
; and
b
after subsection (5) insert—
5A
Subsection (5)(b) has effect regardless of any duty imposed on the governing body of a school by section 1(6) of the School Standards and Framework Act 1998.
78
In section 327 (access for F382local authority to certain schools), for subsection (b) substitute—
b
in pursuance of the statement education is provided for the child at a school maintained by another local education authority.
79
Omit section 330 (assessment of education needs at request of governing body of grant-maintained school).
80
For section 337 substitute—
337 Special schools.
1
A school is a special school if it is specially organised to make special educational provision for pupils with special educational needs.
2
There are the following categories of special school—
a
special schools maintained by local education authorities, comprising—
i
community special schools, and
ii
foundation special schools; and
b
special schools which are not so maintained but are for the time being approved by the Secretary of State under section 342.
I1381
Omit sections 338 to 341 (establishment of maintained and grant-maintained special schools).
82
For section 342 substitute—
Approval of non-maintained special schools
342 Approval of non-maintained special schools.
1
The Secretary of State may approve under this section any school which—
a
is specially organised to make special educational provision for pupils with special educational needs, and
b
is not a community or foundation special school,
and may give his approval before or after the school is established.
2
Regulations may make provision as to the requirements which are to be complied with as a condition of approval under subsection (1) above.
3
Any school which was a special school immediately before 1st April 1994 shall be treated, subject to subsection (4) below, as approved under this section.
4
Regulations may make provision as to—
a
the requirements which are to be complied with by a school while approved under this section, and
b
the withdrawal of approval from a school (including approval treated as given under subsection (3)) at the request of the proprietor or on the ground that there has been a failure to comply with any prescribed requirement.
5
Without prejudice to the generality of subsections (2) and (4), the requirements which may be imposed by the regulations include requirements—
a
which call for arrangements to be approved by the Secretary of State, or
b
as to the organisation of any special school as a primary school or as a secondary school.
6
Regulations shall make provision for securing that, so far as practicable, every pupil attending a special school approved under this section—
a
receives religious education and attends religious worship, or
b
is withdrawn from receiving such education or from attendance at such worship in accordance with the wishes of his parent.
I1483
Omit sections 343 to 346 (government etc. of special schools).
84
In section 348 (provision of special education at non-maintained schools), for subsection (3) substitute—
3
In this section “maintained school” means a school maintained by a local education authority.
F32385
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F32386
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F32387
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F32388
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F32389
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F32390
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I1591
Omit sections 370 to 374 (functions of F382local authorityetc. in relation to curriculum).
92
Omit sections 376 to 389 (religious education and worship).
93
In section 390 (constitution of advisory councils), for subsection (2) substitute—
2
The council shall consist of such groups of persons appointed by the authority as representative members (“representative groups”) as are required by subsection (4).
94
1
Section 391 (functions of advisory councils) shall be amended as follows.
2
In subsection (1), for paragraph (a) substitute—
a
to advise the local education authority on such matters connected with—
i
religious worship in community schools or in foundation schools which (within the meaning of Part II of the School Standards and Framework Act 1998) do not have a religious character, and
ii
the religious education to be given in accordance with an agreed or other syllabus in accordance with Schedule 19 to that Act,
as the authority may refer to the council or as the council may see fit, and
3
Omit subsections (8) and (9).
95
In section 392 (advisory councils: supplementary provisions), omit subsection (4).
96
Omit section 393 (duty to constitute new standing advisory council).
97
1
Section 394 (determination of cases in which requirement for Christian worship is not to apply) shall be amended as follows.
2
In subsection (1)—
a
in paragraph (a), for “county school” substitute “
community school
”
;
b
for paragraph (b) substitute—
b
any foundation school which has not been designated under section 69(3) of the School Standards and Framework Act 1998 by the Secretary of State as having a religious character,
c
for “section 386(2)” substitute “
paragraph 3(2) of Schedule 20 to the School Standards and Framework Act 1998 (requirement for Christian collective worship)
”
.
3
In subsection (4), for “section 387” substitute “
paragraph 4 of Schedule 20 to the School Standards and Framework Act 1998 (disapplication of requirement for Christian collective worship)
”
.
4
In subsection (8), for “a school which becomes a grant-maintained school” substitute “
a community school which becomes a foundation school (by virtue of section 35 of, and Schedule 8 to, the School Standards and Framework Act 1998)
”
.
98
In section 395(1) (review of determinations under section 394), for “section 386(2)” substitute “
paragraph 3(2) of Schedule 20 to the School Standards and Framework Act 1998
”
.
99
In section 396(1) (power of Secretary of State to direct council to revoke determination or discharge duty), for “section 386(2)” substitute “
paragraph 3(2) of Schedule 20 to the School Standards and Framework Act 1998
”
.
100
In section 399 (determination of question whether religious education in accordance with trust deed), for “a voluntary or grant-maintained school” substitute “
a foundation or voluntary school
”
.
101
In section 402(6) (obligation to enter pupils for public examinations), for “a maintained special school” substitute “
a community or foundation special school
”
.
102
In section 403(2) (sex education: manner of provision), for “a maintained special school” substitute “
a community or foundation special school
”
.
I16103
In section 404 (sex education: statements of policy)—
a
in subsection (2), for “a maintained special school” substitute “
a community or foundation special school
”
; and
b
omit subsection (3).
104
In section 406(3) (political indoctrination), for “a maintained special school” substitute “
a community or foundation special school
”
.
105
In section 407(2) (duty to secure balanced treatment of political issues), for “a maintained special school” substitute “
a community or foundation special school
”
.
I17106
In section 408 (provision of information)—
a
omit subsection (1)(b);
b
in subsection (2)(d), for “pupils at such categories of school” substitute “
such classes or descriptions of pupils
”
;
c
omit subsection (3); and
d
in subsection (4)—
i
omit paragraphs (b) and (c); and
ii
in paragraph (d), for “389” substitute “
390
”
.
107
In section 409 (complaints and enforcement: maintained schools)—
a
in subsection (1), for “of aided schools and of special agreement schools,” substitute “
of foundation and voluntary aided schools,
”
;
b
in subsection (2), for the words from “any county” to “special school” substitute “
any community, foundation or voluntary school maintained by the authority or any community or foundation special school
”
;
c
in subsection (3)(b), omit “other than grant-maintained schools”; and
d
for the sidenote substitute “
Complaints and enforcement: maintained schools.
”
108
For the cross-heading “SCHOOL ADMISSIONS” preceding section 411 substitute— “
ADMISSION, REGISTRATION AND WITHDRAWAL OF PUPILS
”
.
I18109
Omit sections 411 to 432 (admission of pupils: general).
110
Omit section 433(4) (time for admission of pupils: admission for nursery education).
111
In section 434(4)(c) (registration of pupils: returns)—
a
at the end of sub-paragraph (i) insert “
and
”
; and
b
omit sub-paragraph (ii).
112
Omit section 436 (effect of admission for nursery education).
113
In section 437 (school attendance orders)—
a
in each of subsections (5) and (6), omit “or grant-maintained”; and
b
in subsection (8), for the definition of “maintained school” substitute—
“maintained school” means any community, foundation or voluntary school or any community or foundation special school not established in a hospital; and
I19114
In section 438 (choice of school: child without statement of special educational needs)—
a
for subsection (4)(a) substitute—
a
within the period mentioned in subsection (3) the parent applies for the child to be admitted to a school maintained by a local education authority and, where that authority are not the authority by whom the notice was served, notifies the latter authority of the application, and
b
for subsection (5) substitute—
5
If—
a
within the period mentioned in subsection (3), the parent applies to the local education authority by whom the notice was served for education to be provided at a school which is not a school maintained by a local education authority, and
b
the child is offered a place at the school and the authority are required by virtue of regulations under section 18(3) to pay the fees payable in respect of the education provided for him at the school,
that school shall be named in the order.
c
in subsection (6)(a)(i), omit “and is not a grant-maintained school”.
115
1
Section 439 (specification of schools in notices under section 438(2)) shall be amended as follows.
2
In subsection (2), for the words from “fixed” to “as the number” substitute “
fixed in accordance with section 93 of the School Standards and Framework Act 1998 (fixing admission numbers) as the number
”
.
3
In subsections (3), (5) and (6), omit “or grant-maintained” wherever occurring.
4
After subsection (4) insert—
4A
A local education authority shall not specify a school in a notice under section 438(2) if the admission of the child concerned would result in prejudice of the kind referred to in section 86(3)(a) of the School Standards and Framework Act 1998 (parental preferences) by reason of measures required to be taken as mentioned in subsection (4) of that section.
I20116
In section 440 (amendment of order at request of parent: child without statement of special educational needs)—
a
in subsection (2)(a), omit “or grant-maintained school”;
b
in subsection (3), for paragraphs (a) and (b) substitute—
a
the parent applies to the authority for education to be provided for the child at a school which is not a school maintained by a local education authority and which is different from the school named in the order,
b
the child is offered a place at the school and the authority are required by virtue of regulations under section 18(3) to pay the fees payable in respect of the education provided for him at the school, and
c
in subsection (4)(a), omit “and is not a grant-maintained school”.
117
In section 444(4)(b) (offence: failure to secure regular attendance at school of registered pupil), omit the words “or the funding authority”.
118
Omit section 448 (exemption where child becomes five during term).
119
For section 449 and the cross-headings preceding it substitute—
Chapter III Charges in connection with education at maintained schools
Preliminary
449 Meaning of “maintained school” in Chapter III.
In this Chapter “maintained school” means any school maintained by a local education authority.
120
In section 451 (prohibition of charges for provision of education)—
a
in subsection (1), omit “Subject to subsection (5)”,
b
in subsection (3)(b), for the words from “or 384” onwards substitute “
(implementation of National Curriculum) or section 69 of the School Standards and Framework Act 1998 (duty to secure due provision of religious education).
”
,
c
in subsection (4)(b), for “384” substitute “
section 69 of the School Standards and Framework Act 1998
”
, and
d
omit subsection (5).
121
In section 456(1) (regulation of permitted charges), omit the words from “, other than” to “section 231(8)”.
122
In section 457 (charges and remissions policies)—
a
in subsection (1), omit the words from “This subsection” onwards; and
b
in subsection (3), omit “other than a grant-maintained school”.
123
In section 458 (charges for board and lodging at boarding schools)—
a
in subsection (1)—
i
for the words from “pupil concerned” to “charges” substitute “
pupil concerned, to the local education authority, charges
”
, and
ii
omit “or governing body”;
b
in subsection (2)—
i
omit paragraph (a), and
ii
in paragraph (b), for “for his area” substitute “
for that pupil’s area
”
;
c
omit subsection (3); and
d
in subsection (4)(b), omit “or to the governing body of a grant-maintained school”.
124
In section 463 (meaning of “independent school”)—
a
at the end of paragraph (b) insert “
or
”
; and
b
omit paragraph (c) and the “or” preceding it.
125
In section 484 (grants for education support and training)—
a
in subsection (1), for “grants for education support and training,” substitute “
education standards grants,
”
;
b
in subsections (3) and (4), for “any grant for education support and training” substitute “
any education standards grant
”
; and
c
for the sidenote substitute “
Education standards grants.
”
126
In section 489 (conditions as to payment of grants under sections 484 to 488), in subsection (2)(a) for “grant for education support and training,” substitute “
education standards grant,
”
.
127
In section 490(1) (grants in respect of special provision for ethnic minorities), omit paragraph (a).
128
For section 494 substitute—
494 Recoupment: excluded pupils.
1
Subsection (2) applies where a pupil is permanently excluded from any school maintained by a local education authority (“the old authority”) and, in the financial year in which the exclusion first takes effect, he is subsequently provided with education by another local education authority (“the new authority”), whether at a school maintained by that authority or otherwise than at school.
2
The old authority shall pay to the new authority, in connection with the provision of education for that pupil in that financial year, such amount, if any, as is payable in accordance with regulations.
3
Where a pupil is permanently excluded from any school maintained by a local education authority and, in the financial year in which the exclusion first takes effect, the following events subsequently occur—
a
he is first provided by another local education authority (“the intermediate authority”) with education in a pupil referral unit or otherwise than at school, and
b
at any time afterwards he is provided with education by a local education authority other than the intermediate authority (“the last authority”), whether at a school maintained by that authority or otherwise than at school,
then, in connection with the provision of the education mentioned in paragraph (b), subsection (2) shall apply to the intermediate authority and the last authority as if they were an old authority and a new authority respectively.
4
Any dispute as to whether any local education authority are entitled to be paid any amount under this section by any other such authority shall be determined by the Secretary of State.
5
Regulations may prescribe the time when the permanent exclusion of a pupil is to be regarded as taking effect for the purposes of this section.
129
In section 496 (power of Secretary of State to prevent unreasonable use of functions), in subsection (2)—
a
at the end of paragraph (a) insert “
and
”
; and
b
for paragraphs (b) and (c) substitute—
b
the governing body of any community, foundation or voluntary school or any community or foundation special school.
130
In section 497 (general default powers of the Secretary of State), in subsection (2)—
a
at the end of paragraph (a) insert “
and
”
; and
b
for paragraphs (b) and (c) substitute—
b
the governing body of any community, foundation or voluntary school or any community or foundation special school.
131
In section 498 (powers of Secretary of State where no properly constituted governing body), for subsection (2) substitute—
2
This section applies to any community, foundation or voluntary school or any community or foundation special school.
I21132
Omit sections 500 to 505 (rationalisation of school places).
F35531
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
134
In section 510 (provision of clothing)—
a
in subsection (1)(a) and (c), omit “or at a grant-maintained school” wherever occurring;
b
in subsection (3)(a), omit “or a grant-maintained school”;
c
in subsection (4)(a), omit “, at a grant-maintained school”; and
d
in subsection (5)(a), omit “grant-maintained school or”.
135
In section 514 (provision of board and lodging otherwise than at school), in subsection (1)(a), for the words from “particular” onwards substitute “
particular community, foundation or voluntary or community or foundation special school, but
”
.
136
In section 515(2) (provision of teaching services for day nurseries), for “voluntary school” substitute “
foundation or voluntary school
”
.
137
Omit section 516 (supply by F382local authority of goods and services to grant-maintained schools).
138
Omit section 517 (payment of fees at schools not maintained by a F382local authority).
I22139
1
Section 519 (allowances for governors, etc.) shall be amended as follows.
2
In subsection (1), for the words from “travelling” to “section 115);” substitute
such allowances as may be prescribed to governors of—
a
any community, foundation or voluntary school or community or foundation special school which does not have a delegated budget (within the meaning of Part II of the School Standards and Framework Act 1998);
3
In subsection (3), for “travelling and subsistence allowances” substitute “
such allowances as may be prescribed
”
.
4
After subsection (6) add—
7
Regulations may impose a limit on the amount which may be paid by way of any allowance under this section.
140
Omit section 520(3) (medical inspection and treatment of pupils: grant-maintained schools excluded).
141
In section 521 (examination of pupils for cleanliness), in subsection (4), omit paragraph (b) and the “and” preceding it.
142
In section 524 (removal of pupil at direction of medical officer)—
a
in subsection (1), for “excluded” substitute “
suspended
”
;
b
omit subsection (3)(b) and the “or” preceding it; and
c
for the sidenote substitute “
Suspension of a pupil pending examination or cleansing.
”
143
In section 525 (offence of neglecting the cleanliness of a pupil), in subsection (3), omit “or a grant-maintained school”.
F138144
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
145
In section 529 (power to accept gifts on trust for educational purposes)—
F91a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
in subsection (3) for “a county school” substitute “
a community school
”
.
146
In section 530 (compulsory purchase of land)—
a
in subsection (2) for “voluntary school” substitute “
foundation, voluntary or foundation special school
”
; and
F318b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
147
In section 531(2) (acquisition of land by agreement) for “voluntary school” substitute “
foundation, voluntary or foundation special school
”
.
148
In section 533 (duties of governing bodies of maintained schools with respect to provision of school meals etc.)—
a
in subsection (2), for “a voluntary” substitute “
any such
”
; and
b
in subsection (3), after “Part II” insert “
of the School Standards and Framework Act 1998
”
.
149
Omit section 534 (duties of governing bodies of grant-maintained schools with respect to school meals).
150
In section 535(1) (provision of teaching services for day nurseries), for “a county or voluntary primary school” substitute “
a community, foundation or voluntary primary school
”
.
151
Omit section 536 (medical inspection and treatment of pupils at grant-maintained schools).
152
In section 537 (power of Secretary of State to require information from governing bodies etc.)—
a
for subsection (1) substitute—
1
The Secretary of State may by regulations make provision requiring—
a
the governing body of every school which is—
i
maintained by a local education authority, or
ii
a special school which is not maintained by such an authority, and
b
the proprietor of every independent school,
to provide such information about the school as may be prescribed.
b
in subsection (7)(a), omit “or which is a grant-maintained school”.
153
For section 537A substitute—
537A Provision of information about individual pupils.
1
Regulations may make provision requiring—
a
the governing body of every school which is—
i
maintained by a local education authority, or
ii
a special school which is not maintained by such an authority, and
b
the proprietor of every independent school,
to provide to the relevant person such individual pupil information as may be prescribed.
2
In subsection (1) “the relevant person” means one or more of the following—
a
the Secretary of State, and
b
any prescribed person.
3
Where any person within paragraph (b) of subsection (2) receives information by virtue of subsection (1), the Secretary of State may require that person to provide any such information—
a
to him, or
b
to any prescribed person.
4
The Secretary of State may provide any individual pupil information—
a
to any information collator,
b
to any prescribed person, or
c
to any person falling within a prescribed category.
5
Any information collator—
a
may provide any individual pupil information—
i
to the Secretary of State,
ii
to any other information collator, or
iii
to the governing body or proprietor of the school attended by the pupil or pupils to whom the information relates; and
b
may, at such times as the Secretary of State may determine, provide such individual pupil information as may be prescribed—
i
to any prescribed person, or
ii
to any person falling within a prescribed category.
6
Any person holding any individual pupil information (other than the Secretary of State or an information collator) may provide that information to—
a
the Secretary of State,
b
any information collator, or
c
any prescribed person.
7
No information received under or by virtue of this section shall be published in any form which includes the name of the pupil or pupils to whom it relates.
8
Regulations under this section may provide that, in such circumstances as may be prescribed, the provision of information to a person other than the Secretary of State is to be treated, for the purposes of any provision of such regulations or this section, as compliance with any requirement imposed by or by virtue of any such provision and relating to the provision of information to the Secretary of State.
9
In this section—
“individual pupil information” means information relating to and identifying individual pupils or former pupils at any school within subsection (1), whether obtained under subsection (1) or otherwise;
“information collator” means any body which, for the purposes of or in connection with the functions of the Secretary of State relating to education, is responsible for collating or checking information relating to pupils.
154
In section 538 (provision of information to Secretary of State by governing bodies of maintained schools), for “a county, voluntary or maintained special school” substitute “
a community, foundation or voluntary school or a community or foundation special school
”
.
155
Omit section 539 (provision of information by governing body of grant-maintained schools).
156
In section 540 (distribution of information about schools providing a secondary education), for subsection (2) substitute—
2
In this section “school” means—
a
any community, foundation or voluntary school, or
b
any community or foundation special school (which is not established in a hospital).
157
In section 541 (distribution of information about further education institutions), for subsection (4) substitute—
4
In this section “school” means—
a
any community, foundation or voluntary school, or
b
any community or foundation special school (which is not established in a hospital).
158
In section 542 (prescribed standards for school premises)—
a
in subsection (1), omit “and of grant-maintained schools”;
b
omit subsection (3); and
c
in subsection (4), for “subsections (2) and (3) have” substitute “
subsection (2) has
”
.
159
In section 543 (relaxation of prescribed standards in special cases)—
a
in subsection (1), for “or (4)” substitute “
, (4) or (4A)
”
; and
b
after subsection (4) insert—
4A
This subsection applies, in relation to any playing fields used by the school for the purposes of the school, if the Secretary of State is satisfied that, having regard to other facilities for physical education available to the school, it would be unreasonable to require conformity with any prescribed requirement relating to playing fields.
In this subsection “playing fields” has the same meaning as in section 77 of the School Standards and Framework Act 1998 (control of disposals or changing use of school playing fields).
I23160
In section 544 (approval etc. of school premises and boarding houses)—
a
in subsection (1), omit the words from “(or,” to “authority)”; and
b
in subsection (3)—
i
at the end of paragraph (a) insert “
and
”
, and
ii
omit paragraph (b).
161
In section 545(2) (exemption from building byelaws of approved buildings), omit paragraph (b) and the “or” preceding it.
162
In section 546(2) (control of potentially harmful materials and apparatus in schools)—
a
at the end of paragraph (a) insert “
and
”
; and
b
omit paragraph (b).
163
In section 547 (nuisance or disturbance on school premises)—
a
in subsection (2), omit paragraph (b) and the “or” preceding it;
b
in each of subsections (4) and (7), for “an aided, special agreement or grant-maintained school” substitute “
a foundation, voluntary aided or foundation special school
”
; and
c
in each of subsections (5) and (8), for “a voluntary or grant-maintained school” substitute “
a foundation, voluntary or foundation special school
”
.
164
Omit sections 549 and 550 (provisions about corporal punishment).
165
In section 550B(2) (detention), as inserted by section 5 of the M46Education Act 1997, omit “(b) a grant-maintained or grant-maintained special school;”.
166
In section 551(2) (regulations as to duration of school day etc.)—
a
at the end of paragraph (a) insert “
and
”
; and
b
omit paragraph (b).
I24167
Omit section 552 (transitional exemption orders for purposes of Sex Discrimination Act 1975).
168
1
Section 554 (power to make new provision as to use of endowments) shall be amended as follows.
2
For subsection (1) substitute—
1
This section applies where—
a
in relation to any time before the appointed day, the premises of a voluntary or grant-maintained school (within the meaning of this Act) have ceased to be used for such a voluntary or (as the case may be) grant-maintained school; or
b
in relation to any time on or after the appointed day—
i
the premises of a foundation or voluntary school (within the meaning of the School Standards and Framework Act 1998) have ceased to be used for such a foundation or (as the case may be) voluntary school; or
ii
in the opinion of the Secretary of State it is likely such premises will cease to be so used;
and in this subsection “the appointed day” has the meaning given by section 20(7) of the School Standards and Framework Act 1998.
3
In subsection (3)—
a
for paragraph (a) substitute—
a
that the school was or has been maintained as a voluntary or grant-maintained school (within the meaning of this Act) or as a foundation or voluntary school (within the meaning of the M47School Standards and Framework Act 1998) since 1st April 1945 (the date when Part II of the Education Act 1944 came into force); and
b
in paragraph (b), for “(or any corresponding earlier enactment)”, substitute “
of this Act (or any corresponding earlier enactment) or paragraph 3 or 4 of Schedule 19 to the School Standards and Framework Act 1998
”
.
4
For subsection (4)(b) substitute—
b
where religious education in accordance with such tenets is shown to have been given to any pupils at—
i
a controlled school (within the meaning of this Act),
ii
a grant-maintained school (within the meaning of this Act) which was a controlled school immediately before it became a grant-maintained school, or
iii
a foundation or voluntary controlled school with a religious character (within the meaning of Part II of the School Standards and Framework Act 1998),
the religious education shall be taken to have been given to them at the request of their parents, unless the contrary is shown.
169
In section 556(2) (content of orders under section 554)—
a
in paragraph (a), for “voluntary schools or grant-maintained schools” substitute “
foundation schools or voluntary schools
”
; and
b
in paragraph (b), for “voluntary” onwards substitute “
school at the premises referred to in section 554(1).
”
170
In section 557(9) (adoption of statutory trusts), in the definition of “relevant school” for “a voluntary school or a grant-maintained school” substitute “
a foundation or voluntary school
”
.
171
In section 559 (power of F383local authorities to prohibit or restrict employment of children)—
a
in subsection (1), for “county” substitute “
community, foundation
”
; and
b
in subsection (2), for “county” substitute “
community, foundation
”
.
172
In section 563(3) (educational records)—
a
at the end of paragraph (a) insert “
and
”
; and
b
omit paragraph (b).
173
In section 566(1)(b) (evidence: documents), for “a county or voluntary school” substitute “
a maintained school
”
.
174
Omit section 567 (stamp duty).
175
In section 568 (orders)—
a
for subsection (2) substitute—
2
For the purposes of subsection (1) “the excepted provisions” are—
section 349;
sections 468, 471(1) and 474;
section 489(3);
section 497; and
section 545.
b
in subsection (3), omit “section 517(6),”; and
c
omit subsection (5)(b) and the “or” preceding it.
176
In section 569 (regulations)—
a
in subsection (2), for “section 480 or 492 or paragraph 1(4) of Schedule 20,” substitute “
section 492,
”
; and
b
in subsection (3), for “section 480 or 492 or paragraph 1(4) of Schedule 20” substitute “
section 492
”
.
177
In section 570 (revocation and variation of certain orders and directions)—
a
in subsection (1)—
i
at the end of paragraph (a) insert “
or
”
, and
ii
omit paragraph (b); and
b
in subsection (2), omit “, the funding authority”.
178
In section 573 (meaning of expressions relating to alteration etc. of premises or character of schools)—
a
in subsection (2), omit the words from “and “alterations”” onwards; and
b
omit subsections (4) to (6).
179
Omit section 575 (meaning of expressions relating to employment).
180
In section 576 (meaning of “parent”)—
a
in subsection (1), for “the provisions mentioned in subsection (2)” substitute “
section 499(8)
”
; and
b
omit subsection (2).
181
Omit section 577 (minor authorities).
182
In section 578 (meaning of “the Education Acts”), insert at the appropriate place—
“
the School Standards and Framework Act 1998
”
.
183
In section 579 (general interpretation)—
a
in subsection (1)—
i
at the appropriate place insert—
“assist”, in relation to any school, institution or university, shall be construed in accordance with subsections (5) to (7) below;
ii
omit the definitions of “the appropriate further education funding council”, “exclude”, “governing body” (and “governors”), “the local education authority”, “reception class” and “relevant age group”,
iii
in the definition of “proprietor”, for “a county, voluntary or grant-maintained school,” substitute “
a community, foundation or voluntary or community or foundation special school,
”
, and
iv
for the definition of “trust deed” substitute—
“trust deed” includes any instrument (other than an instrument of government) regulating the constitution of the school’s governing body or the maintenance, management or conduct of the school;
b
omit subsection (3).
I25184
In Schedule 1 (pupil referral units)—
a
in paragraph 6—
i
for sub-paragraphs (1) and (2) substitute—
1
In relation to every pupil referral unit, the local education authority, the management committee (where applicable) and the teacher in charge shall exercise their functions with a view to securing that the curriculum for the unit satisfies the requirements of section 351(1) (balanced and broadly based curriculum).
2
Regulations may make provision for the determination and organisation of the curriculum in relation to every pupil referral unit, including provision as to making, and keeping up to date, a written statement of the policy in relation to that curriculum for the unit; and such regulations may require—
a
the local education authority, the management committee (where applicable), or the teacher in charge to exercise, or
b
such of them as may be prescribed to collaborate with each other in exercising,
such functions in relation to the curriculum as may be prescribed.
ii
in sub-paragraph (3)(a), for “or under any enactment referred to in sub-paragraph (2)” substitute “
sub-paragraph (1) or (2)
”
;
b
omit paragraphs 12 and 13; and
c
in paragraph 15(2)(c) omit the words “(including grant-maintained schools)”.
I26185
Schedules 2 to 25A shall be omitted.
186
1
Schedule 27 (making and maintenance of statements under section 324) shall be amended as follows.
2
In paragraph 3—
a
in sub-paragraph (1), for “the maintained, grant-maintained or grant-maintained special school” substitute “
the maintained school
”
; and
F51b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
In paragraph 8(1)(a), for “a maintained, grant-maintained or grant-maintained special school” substitute “
a maintained school
”
.
187
Schedule 28 (government and conduct of grant-maintained special schools) shall be omitted.
188
In Schedule 31 (agreed syllabuses of religious education), omit paragraphs 11 and 15.
I27189
The following provisions shall be omitted—
a
Schedule 32 (reduction of standard number for admission of pupils);
b
Schedule 33 (admission appeals);
c
Schedule 33A (children to whom section 411A(2) applies: appeals by governing bodies);
d
Schedule 33B (restrictions on admissions to grant-maintained schools);
e
in Schedule 37 (consequential amendments), paragraphs 9, 27, 33, 37(a), 41 , 42(4)(b), 75, 82(1)(b) and the “and” preceding it, 82(2)(a), 82(2)(c) and the “and” preceding it, 82(3), 96(2), 97, 102, 103, 104(3), 105 to 108, 110(2) and (3)(a), 122 and 125(c) and (d);
f
in Schedule 39 (transitional provisions and savings), paragraphs 2(3) and 15; and
g
Schedule 40 (transitory provisions).
School Inspections Act 1996 (c.57)
F99190
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F99191
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F99192
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F99193
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F99194
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F99195
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F99196
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F99197
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F99198
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F99199
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F99200
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F99201
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F99202
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F99203
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F99204
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F99205
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F99206
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Education Act 1997 (c.44)
207
The Education Act 1997 shall be amended as follows.
I28208
Omit the following provisions—
a
sections 2 and 3 (school discipline);
b
sections 6 to 8 (exclusion of pupils);
c
Part III (school admissions).
209
In section 15 (baseline assessments: interpretation), in the definition of “maintained primary school”, for paragraphs (a) to (c) substitute—
a
a community, foundation or voluntary school, or
b
a community or foundation special school (other than one established in a hospital),
210
In section 16(5) (adoption of baseline assessment schemes), for “a school which is maintained by a local education authority,” substitute “
a maintained primary school,
”
.
211
In section 17 (assessment of pupils)—
a
in subsection (5), for paragraph (b) substitute—
b
the local education authority by whom the school is maintained,
b
in subsection (7)(a), omit the words from “(except” to “school)”.
212
In section 18 (regulations for Chapter I of Part IV)—
a
in subsection (1)(b), omit the words from “(except” to “school)”; and
b
in subsection (2)(a), omit the words from “(in” to “school)”.
213
In section 19 (school performance targets), for subsection (3) substitute—
3
In this section “maintained school” means—
a
a community, foundation or voluntary school, or
b
a community or foundation special school (other than one established in a hospital).
F397214
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
215
In section 29(3) (functions of Qualifications, Curriculum and Assessment Authority for Wales), for the words from “receiving nursery” onwards substitute “
under compulsory school age.
”
216
In section 42 (miscellaneous amendments relating to school inspections), omit the words “and the Nursery Education and Grant-Maintained Schools Act 1996”.
217
In section 43(2) (provision of careers education)—
a
for paragraph (a) substitute—
a
community, foundation and voluntary schools;
b
omit paragraph (b); and
c
for paragraph (c) substitute—
c
community or foundation special schools (other than those established in hospitals);
218
Omit section 50 (recoupment by F382local authority of costs of teachers’ premature retirement).
219
In section 52 (commencement of compulsory school age), omit subsections (4) and (5).
220
In section 57 (minor and consequential amendments, repeals etc), omit subsections (2) and (3).
221
In section 58(4) (commencement) omit “section 50,”.
I29222
Omit the following provisions—
a
Schedules 1 to 3;
b
in Schedule 6, paragraph 5.
I30223
In Schedule 7 (minor and consequential amendments), omit paragraphs 15 to 22, 25, 31 to 35, 40 and 45 to 51.
Education (Schools) Act 1997 (c.59)
224
In section 2 of the Education (Schools) Act 1997 (transitional arrangements for existing assisted pupils), after subsection (6) add—
7
Nothing in subsection (1) shall be taken as prejudicing the operation of any regulations under section 3 by virtue of which assisted places authorised to be provided under that subsection by a former participating school may instead be so provided by another such school or a new school created on the merger of such a school with another school.
Audit Commission Act 1998 (c.18)
225
In section 36(3) of the Audit Commission Act 1998 (studies at request of educational bodies)—
a
for the words from “corporation, a” to “school” substitute “
corporation or further education corporation
”
, and
b
in paragraph (b), omit “or governing body”.
E13I31SCHEDULE 31 Repeals
Sch. 31 partly in force; Sch. 31 not in force at Royal Assent see s. 145(3); Sch. 31 in force for certain purposes at 1.10.1998, 1.2.1999 and 1.4.1999 by S.I. 1998/2212, art. 2, Sch. 1 Pts. I, III and IV; Sch. 31 in force for certain purposes at 10.3.1999 by S.I. 1999/120, art. 2(2), Sch. 2; Sch. 31 in force for certain purposes at 1.4.1999 by S.I. 1999/1016, art. 2(1), Sch. 1 (with arts. 3-6, Sch. 4); Sch. 31 in force for certain purposes at 1.9.1999 by S.I. 1999/1016, art. 2(3), Sch. 3 (with arts. 3-6, Sch. 4); Sch. 31 in force for certain purposes at 1.9.1999 by S.I. 1999/2323, art. 2(1), Sch. 1 (with arts. 3-5, Schs. 5-7); Sch. 31 in force for certain purposes at 1.11.1999 by S.I. 1999/2323, art. 2(2), Sch. 2 (with arts. 3-5, Schs. 5-7).
Sch. 31: the entry relating to the Education (Scotland) Act 1998 extends to Scotland only see s. 145(9).
Words in Sch. 31 repealed (31.3.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(3)(b)(c), Sch. 1 para. 105, Sch. 2 Pt. 3 (with art. 2(3))
Chapter or number | Short title | Extent of repeal |
|---|---|---|
1958 c. 51. | Public Records Act 1958. | In Schedule 1, in Part II of the Table at the end of paragraph 3, the entry relating to the Schools Funding Council for Wales. |
1963 c. 33. | London Government Act 1963. | Section 31. |
1972 c. 11. | Superannuation Act 1972. | In Schedule 1, the entries relating to the Funding Agency for Schools and the Schools Funding Council for Wales. |
1972 c. 70. | Local Government Act 1972. | In section 134(1) and (2), the words “or of a grant-maintained school”. |
In section 177(1), the words from the beginning to “committees),”. | ||
1974 c. 7. | Local Government Act 1974. | In Schedule 5, paragraph 5(1). |
1975 c. 24. | House of Commons Disqualification Act 1975. | In Part III of Schedule 1, the entries “Any member of an education association in receipt of remuneration”, “Any member of the Funding Agency for Schools in receipt of remuneration”, and “Any member of the Funding Council for Wales in receipt of remuneration”. |
1975 c. 65. | Sex Discrimination Act 1975. | In sections 22, in the Table, paragraph 3A. |
Section 23C. | ||
In section 25, in subsections (2) and (4), “, 23C”; and in subsection (6), in paragraph (c)(i) “3A” and paragraph (e). | ||
In Schedule 2, paragraph 1. | ||
1976 c. 74. | Race Relations Act 1976. | In section 17, in the Table, paragraph 3A. |
Section 18C. | ||
In section 19, in subsections (2) and (4) “, 18C” wherever occurring and in subsection (6), in paragraph (c)(i) “3A” and paragraph (e). | ||
1977 c. 49. | National Health Service Act 1977. | In section 5, in subsections (1)(a) and (1A)(a) the words “or at grant-maintained schools”. |
1980 c. 44. | Education (Scotland) Act 1980. | In section 75A(9A), the word “and” immediately preceding paragraph (b). |
1981 c. 67. | Acquisition of Land Act 1981. | In section 17(4), paragraphs (ab) and (ac). |
1983 c. 2. | Representation of the People Act 1983. | In Schedule 1, in paragraph 22(1)(i) the words “a grant-maintained school”. |
1984 c. 55. | Building Act 1984. | In section 4(1)(a), in paragraph (ii) the words “under section 39 or 44 of the Education Act 1996 or” and paragraphs (iii) and (iv). |
1986 c. 61. | Education (No. 2) Act 1986. | Section 49(3)(ba). |
1988 c. 40. | Education Reform Act 1988. | Sections 166 and 167. |
In section 197(7), the words “or grant-maintained”. | ||
In section 236(1), the entry relating to section 219. | ||
In Schedule 8, paragraph 6(3) and in paragraph 8(4) the words “given with the consent of the Treasury”. | ||
In Schedule 12, paragraphs 11, 13, 15, 16, 18 to 22, 30, 31 and 36. | ||
1989 c. 41. | Children Act 1989. | In Schedule 9, in paragraph 3, sub-paragraph (1)(f), and in sub-paragraph (3) the definition of “grant maintained”. |
1991 c. 49. | School Teachers’ Pay and Conditions Act 1991. | In section 1, in subsection (5) the words from “and, where” to “that subsection” and subsection (6). |
In section 2, subsection (2), in subsection (4), in paragraph (a) the words “, in the case of a grant-maintained school,” and the words from “and provide” to the end and paragraph (h), in subsection (5) the words from “and, where” to “(2) above” and in subsection (6)(a) the words from “or, in” to “such schools,”. | ||
1991 No. 2. | Diocesan Boards of Education Measure 1991. | In section 3, subsections (4) and (5) and in subsection (6), the words “or (5)”. |
Section 5. | ||
Section 6(2). | ||
Section 7(5). | ||
Section 9. | ||
In section 10, in subsection (1) the definition of “Church of England voluntary school” and subsection (2). | ||
1992 c. 13. | Further and Higher Education Act 1992. | |
In section 2(6), the words “grant-maintained schools,”. | ||
In section 16, in subsection (2), the words “or any grant-maintained school” wherever occurring, and in subsection (3)(a) the words “or is a grant-maintained school”. | ||
In section 21, in subsection (1) paragraph (a) and the words “(b) in any other case,”, and in subsection (2) the words “orders and”, “grant-maintained school or other” and “grant-maintained schools or other”. | ||
In section 26(1), the words “or was a grant-maintained school”. | ||
In section 54(1)(b), the words “grant-maintained school,”. | ||
In Schedule 8, paragraphs 61 to 64. | ||
1993 c. 10. | Charities Act 1993. | In Schedule 2, paragraph (d). |
1994 c. 23. | Value Added Tax Act 1994. | In Schedule 9, Group 6, Note (1), paragraph (a)(v) and (vii). |
1994 c. 30. | Education Act 1994. | In section 11A, the words “grant-maintained schools,”. |
Section 12(4) and (5). | ||
Section 18(1)(a). | ||
1995 c. 50. | Disability Discrimination Act 1995. | Section 19(6)(c) and (d). |
1996 c. 18. | Employment Rights Act 1996. | In section 50(9)(b) the words “grant-maintained school,”. |
1996 c. 50. | Nursery Education and Grant-Maintained Schools Act 1996. | Section 5. |
Schedule 1. | ||
1996 c. 56. | Education Act 1996. | In section 1(2), paragraph (b) and the word “and” preceding it. |
Section 14(5). | ||
F357. . . | ||
Sections 20 to 28. | ||
In section 29, subsection (2) and in subsection (3) the words “and the funding authority”. | ||
Section 30. . Part II Part III. | ||
In section 312(4)(a), the words “or grant-maintained schools in their area”. | ||
In section 317(3)(a), the words “, the funding authority”. | ||
Section 330. | ||
Sections 338 to 341. | ||
Sections 343 to 346. | ||
In section 356(5)(a)(ii), the words “(except in the case of grant-maintained schools)”. | ||
Section 357(2). | ||
In section 366, in subsection (1)(b) the words from “where” to “special school,” and subsection (5). | ||
Sections 370 to 374. | ||
Sections 376 to 389. | ||
Section 391(8) and (9). | ||
Section 392(4). | ||
Section 393. | ||
Section 404(3). | ||
In section 408, subsections (1)(b), (3) and (4)(b) and (c). | ||
In section 409(3)(b), the words “other than grant-maintained schools”. | ||
Sections 411 to 432. | ||
Sections 433(4). | ||
Section 434(4)(c)(ii). | ||
Section 436. | ||
In section 437, in subsections (5) and (6) the words “or grant-maintained” wherever occurring. | ||
In section 438(6)(a)(i), the words “and is not a grant-maintained school”. | ||
In section 439, in subsections (3), (5) and (6) the words “or grant- maintained” wherever occurring. | ||
In section 440, in subsection (2)(a) the words “or grant-maintained school” and in subsection (4)(a) the words “and is not a grant-maintained school”. | ||
In section 444(4)(b), the words “or the funding authority”. Section 448. | ||
In section 451, in subsection (1) the words “Subject to subsection (5),” and subsection (5).. In section 456(1), the words from “, other than” to “section 231(8)”. | ||
In section 457, in subsection (1) the words from “This subsection” onwards and in subsection (3) the words “other than a grant-maintained school”. | ||
In section 458, in subsection (1) the words “or governing body”, subsections (2)(a) and (3), and in subsection (4)(b) the words “or to the governing body of a grant-maintained school”. | ||
In section 463, paragraph (c) and the “or” preceding it. | ||
Section 490(1)(a). | ||
Sections 500 to 505. | ||
Section 509(5)(a). | ||
In section 510, in subsection (1)(a) and (c) the words “or at a grant-maintained school” wherever occurring; in subsection (3)(a) the words “or a grant-maintained school”; in subsection (4)(a) the words “, at a grant-maintained school”; in subsection (5)(a) the words “grant-maintained school or”. | ||
Sections 516 and 517. | ||
Section 520(3). | ||
In section 521(4), paragraph (b) and the “and” preceding it. | ||
In section 524(3), paragraph (b) and the “or” preceding it. | ||
In section 525(3), the words “or a grant-maintained school”. | ||
Section 534. | ||
Section 536. | ||
In section 537(7)(a), the words “or which is a grant-maintained school”. | ||
Section 539. | ||
In section 542, in subsection (1) the words “and of grant-maintained schools” and subsection (3). | ||
In section 544, in subsection (1) the words from “(or,” to “authority)” and subsection (3)(b). | ||
In section 545(2), paragraph (b) and the “or” preceding it. Section 546(2)(b). | ||
In section 547(2), paragraph (b) and the “or” preceding it. | ||
Sections 549 and 550. | ||
In section 550B(2), the words “(b) a grant-maintained or grant-maintained special school;”. | ||
Section 551(2)(b). | ||
Section 552. | ||
In section 560(6), the words “or the governing body of a grant-maintained school”. | ||
Section 563(3)(b). | ||
Section 567. | ||
In section 568, in subsection (3) the words “section 517(6)” and subsection (5)(b) and the “or” preceding it. | ||
In section 570, subsection (1)(b) and in subsection (2) the words “, the funding authority”. | ||
In section 573, in subsection (2) the words from “and “alterations”” onwards, and subsections (4) to (6). | ||
Section 575. | ||
Section 576(2). | ||
Section 577. | ||
In section 579, in subsection (1) the definitions of “the appropriate further education funding council”, “exclude”, “governing body” (and “governors”), “the local education authority”, “reception class” and “relevant age group” and subsection (3). | ||
In Schedule 1, paragraphs 12 and 13 and in paragraph 15(2)(c) the words “(including grant-maintained schools)”. | ||
Schedules 2 to 25A. | ||
Schedule 28. | ||
In Schedule 31, paragraphs 11 and 15. | ||
Schedules 32 to 33B. | ||
In Schedule 37, paragraphs 9, 27, 33, 37(a), 41, 42(4)(b), 75, 82(1)(b) and the “and” preceding it, 82(2)(a), 82(2)(c) and the “and” preceding it, 82(3), 96(2), 97, 102, 103, 104(3), 105 to 108, 110(2) and (3)(a), 122 and 125(c) and (d). | ||
In Schedule 39, paragraphs 2(3) and 15. | ||
Schedule 40. | ||
1996 c. 57. | School Inspections Act 1996. | In section 9(3)(a), the words “are exceptional and”. |
In section 10, in subsection (3) the words “(4) or” and paragraph (b) and subsection (4). | ||
In section 11(5)(b), the words “whose governing body does not have a delegated budget”. | ||
In section 16, in subsection (1)(a) the words from “and, if” to “of State” and subsection (3)(e) and (f). | ||
Section 17(3)(c) and (5)(b) and (c). | ||
In section 20(3), the words “the funding authority, or”. | ||
In section 21(4), the words “the funding authority, or”. | ||
In section 23, subsections (2) and (3) and in subsection (8), in paragraph (a) the words “if the inspection is conducted by virtue of subsection (1),” and in paragraph (b) the words “if the inspection is conducted by virtue of subsection (2),”. | ||
Part II | ||
Section 44. | ||
In section 45, in subsection (1) the words “(except an order under section 38)” and in subsection (2) the words “(except an order under section 31, 33, or 39)”. | ||
In section 46(1), the definition of “the transfer date”. | ||
Schedule 5. | ||
Schedule 6, paragraph 7. | ||
1997 c. 44. | Education Act 1997. | Sections 2 and 3. |
Sections 6 to 8. | ||
Part III | ||
In section 17(7)(a), the words from “(except” to “school)”. | ||
In section 18, in subsection (1)(b) the words from “(except” to “school)” and in subsection (2)(a) the words from “(in” to “school)”. | ||
In section 42, the words “and the Nursery Education and Grant-Maintained Schools Act 1996”. | ||
Section 43(2)(b). | ||
Section 50. | ||
Section 52(4) and (5). | ||
Section 57(2) and (3). | ||
In section 58(4), “section 50,”. | ||
Schedules 1 to 3. | ||
In Schedule 6, paragraph 5. | ||
In Schedule 7, paragraphs 15 to 22, 25, 31 to 35, 40 and 45 to 51. | ||
1997 c. 59. | Education (Schools) Act 1997. | Section 6(1). |
In section 7, in subsection (3)(a) “section 6(1)”, and in subsection (4)(a) “(1) and”. | ||
1998 c. 18. | Audit Commission Act 1998. | In section 36, in subsection (1) the entries relating to the Funding Agency for Schools, the Schools Funding Council for Wales and the governing body of a grant-maintained school, and in subsection (3)(b) the words “or governing body”. |
In Schedule 3, paragraphs 25 and 32. | ||
SCHEDULE 32 Transitional provisions and savings
Part I Funding
Interpretation
1
In this Part of this Schedule—
“the 1996 Act” means the M48Education Act 1996;
“the appointed day”, in relation to any provision of this Schedule, means such day as may be appointed for the purposes of that provision by an order made by the Secretary of State.
Continued operation of GMS grants provisions
I322
1
Subject to the provisions of this paragraph, the GMS grants provisions shall continue to have effect on and after the appointed day in relation to—
a
any payments of maintenance grant under section 244 or 250 of the 1996 Act in respect of any financial year (or part of such a year) beginning before that day; and
b
any payments of capital or special purpose grants under section 245, 246, 251 or 252 of that Act made before that day.
2
Regulations may provide—
a
for any functions of the funding authority under the GMS grants provisions—
i
to be discharged instead by the Secretary of State as from a date specified in the regulations, or
ii
to be discharged instead by F383local authorities as from the appointed day (either subject to obtaining the Secretary of State’s consent or otherwise); and
b
for any of those provisions to have effect, for any purposes specified in the regulations, with such modifications as are so specified.
3
Regulations under sub-paragraph (2) shall not authorise a F382local authority to impose any requirement under section 247(1) of that Act (as it has effect by virtue of sub-paragraph (1)); but the Secretary of State may by order—
a
impose such a requirement; or
b
waive or remove such a requirement even though a F382local authority is by such regulations also authorised to do so.
4
In this paragraph “the GMS grants provisions” means sections 244 to 254 and 256 to 258 of the 1996 Act and any regulations in force under any of those provisions immediately before the appointed day.
Existing loans
I333
1
Any loan made under section 255 of the 1996 Act (loans to governing bodies) shall not be affected by the repeal of that section by this Act.
2
Where such a loan was made by the funding authority, any rights or liabilities of the authority in respect of the loan shall become rights or liabilities of the Secretary of State on the appointed day.
Grants by Secretary of State in respect of planned expenditure
I344
1
Regulations may provide for the payment by the Secretary of State of grants to—
a
the governing bodies of schools to which this paragraph applies, or
b
F383local authorities,
in respect of relevant expenditure incurred or to be incurred by them.
2
Regulations under this paragraph may—
a
in relation to grants made to the governing bodies of any such schools, make provision corresponding to sub-paragraphs (6) and (7) of paragraph 5 of Schedule 3; and
b
in relation to grants made to the governing bodies of voluntary aided schools, make in addition provision corresponding to sub-paragraphs (8) to (10) of paragraph 5 of that Schedule.
3
This paragraph applies to a school if immediately before the appointed day—
a
the school was a grant-maintained or grant-maintained special school within the meaning of the 1996 Act, or
b
proposals for the establishment of the school fell to be implemented in accordance with section 215 of that Act.
4
Each of the following provisions of Schedule 22, namely—
a
F319paragraphs A1(1)(f) and 1(1)(d),
b
F320paragraphs A7(1)(e) and 2(1)(d), and
c
F321paragraphs A13(1)(g) and 3(1)(e),
shall (subject to sub-paragraph (5) below) apply in relation to any grant made by virtue of this paragraph as if it were such a grant as is mentioned in that provision.
5
Sub-paragraph (4) does not apply to any grant made by virtue of this paragraph to the governing body of a voluntary aided school.
6
In this paragraph “relevant expenditure” means such expenditure (being expenditure arising out of an obligation incurred or decision made before the appointed day) as may be prescribed.
Deferment of governing body’s right to delegated budget
5
1
A maintained school falling within section 49(1) shall not have a delegated budget as from the day on which section 49 comes into force if—
a
b
that suspension has not been previously revoked with effect from that or any earlier day.
2
Such a school shall, however, have a delegated budget as from the day with effect from which that suspension is revoked.
3
The Secretary of State may by order determine that a relevant school shall not have a delegated budget as from the day on which section 49 comes into force where he considers that it would not be expedient for the school to have such a budget as from that day for reasons connected with—
a
the financial position, or
b
the financial management,
of the school.
4
Where the Secretary of State makes an order under sub-paragraph (3) in relation to a school—
a
for the purposes of Part II of this Act the right of the governing body to a delegated budget shall be treated as if it had been suspended by the F382local authority under paragraph 1 of Schedule 15 on the day on which section 49 comes into force;
b
paragraphs 2 to 4 (but not 3(1)(a)) of that Schedule shall apply to any such suspension; and
c
the school shall have a delegated budget as from the day with effect from which that suspension is revoked.
5
Any reference in any of sections 54 to 57 to any suspension of a school’s delegated budget under Schedule 15 includes a reference to—
C29a
any suspension of a school’s delegated budget by virtue of sub-paragraph (1); and
b
(in accordance with sub-paragraph (4)), any such suspension by virtue of sub-paragraph (3).
6
Where the day on which section 49 comes into force is earlier than the day appointed under section 20(7) any reference in this paragraph to a maintained school is a reference to a school which is (within the meaning of the M51Education Act 1996)—
a
a school maintained by a F382local authority, or
b
a grant-maintained or grant-maintained special school,
and to which section 49 applies in accordance with regulations under section 144(1).
7
In this paragraph—
a
“relevant school” means a maintained school which immediately before the day on which section 49 comes into force was a grant-maintained or grant-maintained special school within the meaning of the M52Education Act 1996; and
b
references to a school having a delegated budget or to a governing body’s right to such a budget shall be construed in accordance with section 49(7).
Part II Other provisions
Limit on class sizes
6
1
The transitional provision which may be made for the purposes of section 1 by regulations under section 144(1) includes provision with respect to any relevant time—
a
for disapplying to any extent in relation to existing maintained schools (whether or not subject to compliance with any prescribed requirements) section 411(6), 416(1) or 426(1) of the M53Education Act 1996 (provisions about admission numbers);
b
for otherwise modifying any of the provisions (whether statutory provisions or articles of government) which are relevant to the determination or publication of the arrangements—
i
for the admission of pupils to such schools, or
ii
for appeals by parents against decisions taken in relation to the admission of pupils to such schools,
or to the procedure relating to such appeals;
c
for requiring or authorising bodies responsible for determining such arrangements to determine and publish fresh arrangements, subject to such consultation as may be prescribed, where arrangements previously determined (or previously determined and published) by them are to any extent inconsistent with the provisions mentioned in paragraph (b) as they have effect in accordance with the regulations.
2
Regulations made in pursuance of paragraph (b) of sub-paragraph (1) may, in particular, modify the provisions mentioned in that paragraph so that they apply in relation to existing maintained schools with the addition of provisions whose purposes correspond to those of any of paragraphs 6(5), 10(5) and 11 of Schedule 23 to this Act.
3
In this paragraph—
“existing maintained school” means—
- a
any county or voluntary school, or
- b
any grant-maintained school,
within the meaning of the M54Education Act 1996;
- a
“relevant time”, in relation to an existing maintained school, means any time after the coming into force of regulations under section 1 by virtue of which any limit on class sizes is to apply, or be varied, in relation to the school.
School Teachers’ Pay and Conditions Act 1991
F54C307
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Orders for purposes of section 20(5)
8
The Secretary of State may only make an order under section 20(5) where he considers it appropriate to do so on an application made for the purpose by—
a
the former maintaining authority (within the meaning of that provision), or
b
the F382local authority in whose area the school in question will be situated immediately before the appointed day,
and received by him not later than 30th November 1998.
Notice by trustees to terminate former voluntary school’s occupation of land
9
1
This paragraph applies where—
a
at any time before the appointed day, whether before or after the date on which this Act is passed, any trustees (being entitled to do so) have given to the governing body of a former voluntary school a notice which is effective to terminate, on or after that day, the school’s occupation of any land held by the trustees for the purposes of the school; and
b
the termination of the school’s occupation of that land would have the result that it was not reasonably practicable for the school to continue to be conducted at its existing site.
2
Paragraph 8(2) of Schedule 22 shall apply in relation to the land to which such a notice relates as it applies in relation to the land to which a notice falling within section 30(10) relates.
3
Section 30(12) and (13) shall apply, with any necessary modifications, for the purposes of sub-paragraph (1)(b) as they apply for the purposes of section 30(10)(b).
4
In this paragraph “former voluntary school” means—
a
any voluntary school, or
b
any grant-maintained school which was a voluntary school immediately before becoming grant-maintained or was established by promoters,
within the meaning of the M55Education Act 1996, which on the appointed day becomes a foundation or voluntary school within the meaning of this Act.
Transfer of sites provided under sections 60 and 61 of the Education Act 1996
10
1
This paragraph applies where—
a
b
no conveyance was made in respect of that site under section 60(2) or (as the case may be) section 61(2) of that Act before that day.
2
Where the site was provided under section 60 of that Act, sub-paragraphs (3) to (11) (but not (7)(b)) of paragraph 2 of Schedule 3 to this Act shall apply in relation to the provision of that site as if it had been provided under sub-paragraph (1) of that paragraph.
3
Where the site was provided under section 61 of that Act, sub-paragraphs (3) to (9) of paragraph 4 of Schedule 3 to this Act shall apply in relation to the provision of that site as if it had been provided under sub-paragraph (1) of that paragraph.
Sch. 1A inserted (2.9.2002 for E., 2.1.2008 for W.) by Education Act 2002 (c. 32), ss. 59(2), 216(4), Sch. 6 (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 4; S.I. 2007/3611, art. 4(1), Sch. Pt. 1