- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (01/10/2013)
- Gwreiddiol (Fel y'i Deddfwyd)
Point in time view as at 01/10/2013.
School Standards and Framework Act 1998, Section 21 is up to date with all changes known to be in force on or before 16 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)There may be three kinds of foundation school—
(a)those having a foundation established otherwise than under this Act;
(b)those belonging to a group of schools for which a foundation body acts under this section; and
(c)those not falling within either of paragraphs (a) and (b).
(2)There may be three kinds of voluntary controlled or voluntary aided school—
(a)those having a foundation established otherwise than under this Act;
(b)those belonging to a group of schools for which a foundation body acts under this section; and
(c)those not falling within either of paragraphs (a) and (b) but having been either of the following immediately before the appointed day, namely—
(i)a voluntary school, or
(ii)a grant-maintained school that was a voluntary school immediately before becoming grant-maintained,
within the meaning of the M1Education Act 1996.
(3)For the purposes of this Act—
(a)“foundation”, in relation to a foundation or voluntary school, means—
(i)any body of persons (whether incorporated or not but excluding the governing body) which holds land on trust for the purposes of the school, or
(ii)a foundation body;
(b)a school “has” a foundation if—
(i)such a body of persons exists for holding land on trust for the purposes of the school, or
(ii)the school belongs to a group of schools for which a foundation body acts under this section; and
(c)references to land or other property held on trust, or by trustees, for the purposes of a school include references to land or other property which—
(i)is held on trust for purposes which (whether the trust deed expressly so provides or not) include the purposes of the school, and
(ii)is used for the purposes of the school.
(4)For the purposes of this Act—
(a)“foundation body” means a body corporate established under this section to perform, in relation to three or more schools each of which is either a foundation or a voluntary school, the following functions, namely—
(i)to hold property of those schools for the purposes of the schools, and
(ii)to appoint foundation governors for those schools; and
(b)“the group”, in relation to a foundation body, means the group of three or more schools for which the body performs those functions.
(5)The Secretary of State may by regulations make provision for and in connection with—
(a)the establishment, membership, functions and winding up of a foundation body, and
(b)the steps to be taken in connection with schools joining or leaving the group.
(6)Regulations under subsection (5) may, in particular, make provision—
(a)with respect to the transfer of property, rights and liabilities to and from a foundation body when schools join or leave the group but do not change category F1... [F2under section 19 of the Education and Inspections Act 2006] [F3or in accordance with proposals made under section 45 of the School Standards and Organisation (Wales) Act 2013];
(b)with respect to the revision or replacement of the instruments of government of schools joining or leaving the group in such circumstances and the reconstitution of their governing bodies;
(c)authorising a foundation body to appoint foundation governors to every school in the group;
(d)prescribing a model instrument of government for adoption by a foundation body subject to variations approved by the Secretary of State;
(e)for conferring functions with respect to the resolution of disputes—
(i)between schools in the group, or
(ii)between one or more such schools and a foundation body,
on such person or body as may be specified in the regulations;
(f)in connection with a school leaving the group—
(i)for requiring the publication of proposals F4... [F5under section 19 of the Education and Inspections Act 2006] [F6or under section 48 of the School Standards and Organisation (Wales) Act 2013];
(ii)for enabling the Secretary of State to require the publication under [F7either of those sections] of proposals for the school to become a school of a category specified by him;
F8(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(g)for the dissolution of a foundation body by order of the Secretary of State;
(h)for enabling the Secretary of State, in the case of any land held by a foundation body immediately before its dissolution which by virtue of this Act could not be disposed of without his consent [F9or to the disposal of which paragraph A9 of Schedule 22 would apply], to determine how that land is to be dealt with on its dissolution;
(i)for conferring functions on F10... adjudicators including any functions which might otherwise be conferred on the Secretary of State.
(7)Regulations made in pursuance of subsection (6)(b) may, in connection with the making or variation of instruments of government in preparation for schools joining or leaving the group, modify paragraph 1 of Schedule 12 in its operation in relation to such instruments of government.
(8)The Secretary of State may, after consulting a foundation body, make an order modifying the instrument of government adopted by that body.
(9)Regulations may make provision for applying to foundation special schools, with or without modifications—
(a)any of the provisions of subsections (3) to (8); or
(b)any provision of Schedule 21 to this Act (transfers of land on appointed day).
Textual Amendments
F1Words in s. 21(6)(a) omitted (W.) (1.10.2013) by virtue of School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 19(3)(a)(i); S.I. 2013/1800, art. 3(j)
F2Words in s. 21(6)(a) inserted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 14(a); S.I. 2007/935, art. 7(o)
F3Words in s. 21(6)(a) inserted (W.) (1.10.2013) by School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 19(3)(a)(ii); S.I. 2013/1800, art. 3(j)
F4Words in s. 21(6)(f)(i) omitted (W.) (1.10.2013) by virtue of School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 19(3)(b)(i); S.I. 2013/1800, art. 3(j)
F5Words in s. 21(6)(f)(i) inserted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 14(b)(i); S.I. 2007/935, art. 7(o)
F6Words in s. 21(6)(f)(i) inserted (W.) (1.10.2013) by School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 19(3)(b)(i); S.I. 2013/1800, art. 3(j)
F7Words in s. 21(6)(f)(ii) substituted (W.) (1.10.2013) by School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 19(3)(b)(ii); S.I. 2013/1800, art. 3(j)
F8S. 21(6)(f)(iii) omitted (W.) (1.10.2013) by virtue of School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 19(3)(a)(iii); S.I. 2013/1800, art. 3(j)
F9Words in s. 21(6)(h) inserted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 14(c); S.I. 2007/935, art. 7(o)
F10Words in s. 21(6)(i) repealed (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 14(d), Sch. 18 Pt. 3; S.I. 2007/935, art. 7(o)(q)
Modifications etc. (not altering text)
C1S. 21(3) applied (with modifications) (E.) (25.5.2007) by The School Organisation (Foundation Special Schools) (Application of Provisions Relating to Foundations) (England) Regulations 2007 (S.I. 2007/1329), regs. 1(1), 2
Marginal Citations
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Y Ddeddf Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Ddeddf Gyfan heb Atodlenni you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Rhestrau you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys