The Education (Grant-maintained Special Schools) Regulations 1994

“Pending” procedure for becoming a grant-maintained special school

11.—(1) Subject to paragraph (2) below and to the modifications made by regulation 2(2), sections 40 to 46 of the 1993 Act shall apply in relation to a grant-maintained special school as they apply in relation to other schools.

(2) Section 40 shall apply in relation, to a hospital special school with the following modifications—

(a) For subsection (2) there shall be substituted—

“(2) For these purposes, that procedure is to be regarded as initiated in relation to a hospital special school on receipt by the local education authority of notice of a meeting of the governing body at which a motion for a resolution to apply for the school to become a grant maintained special school is to to be considered.”

(b) For subsection (3) the shall be substituted—

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

(a) if—

(i) the meeting is not held, or

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

(b) if proposals which 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this Act, or any proposals required in substitution for those proposals, are rejected by the Secretary of State or are withdrawn, or

(c) on the date of implementation of such proposals.”

(c) Subsection (4) shall be omitted.

(d) In subsection (5), the words “by reference to the result of a ballot” and “without a further ballot” shall be omitted.

(e) In subsection (6), for “subsection (3)(c)” there shall be substituted “subsection (3)(b)”.