Diocesan Boards of Education Measure 2021

7 Advice E

(1) The DBE for a diocese may (apart from whatever advice it is required to give under the following provisions of this section) give advice on matters affecting church schools in the diocese to—

(a) the governing bodies or proprietors of those schools,

(b) the trustees of church educational endowments, and

(c) such other persons concerned with education in the diocese as the DBE considers appropriate.

(2) The governing body of a voluntary or foundation school which is a church school must obtain the advice of the DBE before—

(a) publishing proposals under section 15(2) of the Education and Inspections Act 2006 for the discontinuance of the school,

(b) publishing proposals under section 19(3) of that Act for an alteration to the school,

(c) serving notice under section 30(1) of the School Standards and Framework Act 1998 of an intention to discontinue the school, or

(d) beginning consultation under section 88C(2) of that Act about the admission arrangements proposed for the school.

(3) The duty under subsection (2)(b) does not apply in a case where the DBE's consent is required under section 8(1) or (2).

(4) The proprietor of an Academy which is a church school must obtain the advice of the DBE before—

(a) seeking the consent of the Secretary of State for the discontinuance of the school;

(b) seeking the consent of the Secretary of State for an alteration to the school;

(c) beginning consultation about the admission arrangements proposed for the school.

(5) The governing body or (in the case of an Academy) the proprietor of a church school or, where there is a church educational endowment held wholly or partly in connection with a church school, the trustees of the endowment must obtain the advice of the DBE before—

(a) making an application in connection with a proposed disposal of the whole or part of the premises of the school, or

(b) entering into an agreement for the disposal of the whole or part of the premises of the school.

(6) The trustees of a church educational endowment held wholly or partly in connection with a church school must obtain the advice of the DBE before making or agreeing to make an alteration to the purposes for which the endowment may be applied.

(7) The DBE for a diocese must give advice on whatever matters advice is sought from it under subsections (2) to (6).

(8) Where the giving of advice under subsections (2) to (6) is to be considered at a meeting of the DBE, the following persons may attend the part of the meeting dealing with the consideration of the matter—

(a) the head teacher of the school concerned,

(b) the chair of the governing body, board of directors or trustees (as the case may be), and

(c) one or two other persons (or such greater number as the DBE may allow) nominated by the governing body, the board of directors or the trustees.

(9) Where a person who is entitled to attend a meeting of the DBE in reliance on subsection (8)(a) or (b) is unable to do so, the person may nominate another person to attend the meeting in his or her place.

(10) A person attending a meeting of the DBE in reliance on subsection (8) or (9)—

(a) may make an oral presentation or oral submissions to the meeting, and

(b) may speak in response to a question put by a member of the DBE.

(11) A person to whom the DBE for a diocese gives advice must, in carrying out a function to which the advice is relevant, have due regard to that advice.

(12) The references in subsection (5) to a disposal of land are references to the sale of the land or to the transfer or grant of any other interest in or over the land.