Education Act 1993 (repealed)

40 “Pending” procedure for acquisition of grant-maintained status. E+W

(1) For the purposes of this Chapter the procedure for acquisition of grant-maintained status is pending in relation to a school when it has been initiated in relation to the school on any occasion and not terminated (as initiated on that occasion).

(2) For those purposes, that procedure is to be regarded as initiated in relation to a school on any occasion—

(a) on receipt by the local education authority of notice of a meeting of the governing body at which a motion for a resolution to hold a ballot of parents on the question of whether grant-maintained status should be sought for the school is to be considered (not being a case falling within section 25(3) of this Act), or

(b) where the governing body have received a request under section 26(1) of this Act, on receipt by the local education authority of notice under subsection (3)(b) of that section.

(3) For those purposes, that procedure, as initiated on any occasion, is to be regarded as terminated—

(a) when initiated as mentioned in subsection (2)(a) above, if—

(i) the meeting is not held,

(ii) the meeting is held but the motion is not moved or, though the motion is moved, the resolution is not passed, or

(iii) the resolution is passed but the result of the ballot to which the notice under section 25(1)(b) of this Act relates does not show a majority in favour of seeking grant-maintained status for the school,

(b) when initiated as mentioned in subsection (2)(b) above, if the result of the ballot to which the notice under section 26(3)(b) of this Act relates does not show a majority in favour of seeking grant-maintained status for the school,

(c) if proposals which by reference to the result of a ballot to which a notice under section 25(1)(b) or 26(3)(b) of this Act relates are required to be published under section 32 of this Act, or any proposals required in substitution for those proposals, are rejected by the Secretary of State or withdrawn, or

(d) on the date of implementation of such proposals.

(4) Where section 30 of this Act applies in the case of such a ballot, the references in subsection (3) above to the result of that ballot shall be read as references to the result of the second ballot required by that section.

(5) The reference in subsection (3) above to proposals required in substitution for any proposals (“the original proposals”) required to be published by reference to the result of a ballot is to any proposals required to be published by virtue of section 33(1) or (3) of this Act on withdrawal or (as the case may be) rejection of—

(a) the original proposals, or

(b) any further proposals required to be published by virtue of section 33(1) or (3) of this Act in respect of the school without a further ballot.

(6) Proposals published under section 32 of this Act shall not be treated for the purposes of subsection (3)(c) above as rejected in any case where the Secretary of State imposes a requirement under section 33(3) of this Act or as withdrawn in any case where he imposes a requirement under section 33(1) of this Act for the publication of further proposals.

Modifications etc. (not altering text)

C2 Ss. 40-46 applied (with modifications) (1.4.1994) by S.I. 1994/653, regs. 2(2), 11