Education Act 1993

Dissolution and discontinuance

8 (1) A governing body incorporated under section 238 of this Act are dissolved by virtue of this paragraph—

(a) if the school they conduct is discontinued,

(b) where the school becomes a grant-maintained school or grant-maintained special school, when the local education authority cease to maintain the school, or

(c) if a new governing body of the school are constituted under the [1986 c. 61.] Education (No. 2) Act 1986.

(2) Where such a governing body conduct two or more schools, sub-paragraph (1) above applies when, in relation to each of the schools, paragraph (a), (b) or (c) is satisfied.

9 (1) Where such a governing body are to be dissolved by reason of—

(a) the discontinuance of the county, voluntary or maintained special school which they conduct, or

(b) in the case of a governing body conducting two or more such schools, the discontinuance of each such school conducted by them,

they shall have power to transfer any land or other property of theirs which is used or held for the purposes of the school to any person who provides education.

(2) Where such a governing body are so dissolved—

(a) any such land or property for which no provision has been made under sub-paragraph (1) above for transfer, and

(b) all rights and liabilities of the governing body subsisting immediately before the date of dissolution which were acquired or incurred for the purposes of the school in question,

shall be transferred to and, by virtue of this Act, vest in the local education authority.

(3) Sub-paragraphs (1) and (2) above do not apply to any land or other property held by the governing body on trust for the purposes of a voluntary school; and any such land or other property so held shall be transferred to and, by virtue of this Act, vest in the trustees of the school.

10 (1) This paragraph applies where such a governing body dissolved by virtue of paragraph 8 above are the governing body of two or more schools grouped in pursuance of a resolution under section 9 of the Education (No. 2) Act 1986.

(2) Where none of the schools in the group are discontinued, then in the case of each school formerly a member of the group—

(a) all land and other property which, immediately before the date of dissolution, was property of the governing body used or held for the purposes of that school, and

(b) all rights and liabilities of the governing body subsisting immediately before that date which were acquired or incurred for those purposes,

shall be transferred to and, by virtue of this Act, vest in the new governing body of the school in accordance with the order providing for the instrument of government for the school.

(3) An order made by virtue of sub-paragraph (2) above may provide that—

(a) the whole or any part of any such land and other property which was property of the governing body used or held for the purposes of the schools in the group, and

(b) any such rights and liabilities of the governing body which were acquired or incurred for those purposes,

shall be transferred to and, by virtue of this Act, vest in the new governing body of the school.

(4) Where not all of the schools in the group are discontinued, then in the case of each school formerly a member of the group which is not discontinued—

(a) all land and other property which, immediately before the date of dissolution, was property of the governing body used or held for the purposes of that school, and

(b) all rights and liabilities of the governing body subsisting immediately before that date which were acquired or incurred for those purposes,

shall be transferred to and, by virtue of this Act, vest in the new governing body of the school in accordance with the order providing for the instrument of government for the school.

(5) An order made by virtue of sub-paragraph (4) above may provide that—

(a) the whole or any part of any such land and other property which was property of the governing body used or held for the purposes of any school which is to be discontinued or the schools in the group, and

(b) any such rights and liabilities of the governing body which were acquired or incurred for those purposes,

shall be transferred to and, by virtue of this Act, vest in the new governing body of the school.

(6) Sub-paragraph (5) above does not apply to any land or other property held by the governing body on trust for the purposes of a voluntary school; and any such land or other property so held shall be transferred to and, by virtue of this Act, vest in the trustees of the school.

11 (1) This paragraph applies in relation to the governing body of two or more schools grouped in pursuance of a resolution under section 9 of the [1986 c. 61.] Education (No. 2) Act 1986.

(2) Where one or more schools conducted by the governing body are discontinued but the governing body are not dissolved by reason of the discontinuance, then in the case of each school formerly a member of the group which is discontinued—

(a) all land and other property which, immediately before the date of dissolution, was property of the governing body used or held for the purposes of that school, and

(b) all rights and liabilities of the governing body subsisting immediately before that date which were acquired or incurred for those purposes,

shall be held by the governing body for the purposes of the schools in the group.

(3) Sub-paragraph (2) above does not apply to any land or other property held by the governing body on trust for the purposes of a voluntary school; and any such land or other property so held shall be transferred to and, by virtue of this Act, vest in the trustees of the school.

(4) Where, in the case of one or more schools conducted by the governing body, new governing bodies are constituted under the Education (No. 2) Act 1986 to conduct those schools but the governing body are not dissolved by reason of the constitution of such bodies, then in the case of each school formerly a member of the group—

(a) all land and other property which, immediately before the date of dissolution, was property of the governing body used or held for the purposes of that school, and

(b) all rights and liabilities of the governing body subsisting immediately before that date which were acquired or incurred for those purposes,

shall be transferred to and, by virtue of this Act, vest in the new governing body of the school in accordance with the order providing for the instrument of government for the school.

12 For the purposes of this Schedule, references to the discontinuance of a school are—

(a) to its discontinuance under section 14 of the [1944 c. 31.] Education Act 1944 (discontinuance by governors of voluntary schools), or

(b) to the local education authority ceasing to maintain it in accordance with proposals under section 12 of the [1980 c. 20.] Education Act 1980 (discontinuance of county or voluntary schools) or section 183 of this Act.