Education (No. 2) Act 1986

Grouping of schools E+W

9 Grouping of schools under single governing body. E+W

(1) Subject to the requirements as to consent imposed by section 10 of this Act, a local education authority may resolve that any two or more schools maintained by them shall be grouped for the purposes of this Part of this Act.

[F1 (1A) A local education authority may not make such a resolution if the instrument of government of any of the schools names a person as a sponsor of the school unless all the schools are secondary schools]

(2) Where any schools are so grouped, they shall (subject to the following provisions of this section)—

(a) be treated for the purposes of this Part as a single school; and

(b) have a single governing body constituted under a single instrument of government.

(3) For the purposes of this Part of this Act, a group shall be treated—

(a) as an aided school, if it contains at least one such school;

(b) as a special agreement school, if it contains at least one such school and paragraph (a) above does not apply;

(c) as a controlled school, if it contains at least one such school and neither paragraph (a) nor paragraph (b) above applies;

(d) as a maintained special school, if it consists only of such schools; and

(e) as a county school, if none of the preceding paragraphs apply.

(4) Where any proposal or alteration of a kind mentioned in subsection (5) below relates to any school which is grouped with one or more other schools under this section, it shall be the duty of the local education authority—

(a) to review the grouping of those schools and to consider whether or not it should be brought to an end; and

(b) where the Secretary of State’s consent to the grouping, or continued grouping, was at any time required by section 10 of this Act and the authority consider that the grouping should be continued—

(i) to report to him on the results of their review; and

(ii) to provide him with such information as he may reasonably require with a view to enabling him to consider whether or not the grouping should be brought to an end.

(5) The proposals and alterations referred to in subsection (4) above are—

(a) any proposal under—

(i) section 16 of the 1944 Act (transfer of schools to new sites and substitution of new for old schools);

(ii) sections 12 to 15 of the 1980 Act (establishment, discontinuance and alteration of schools); F2 . . .

(iii) section 54 of this Act; [F3 or

F3 (iv) section 183 of the Education Act 1993 (establishment, etc. of maintained special schools)]

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) any alteration in the status of an aided or special agreement school effected by an order of the Secretary of State under section 15(4) of the 1944 Act (revocation of order by virtue of which school is an aided or special agreement school).

(6) The Secretary of State may by order bring to an end any grouping under this section in respect of which his consent was at any time required by section 10 of this Act.

(7) Any grouping under this section may also be brought to an end—

(a) if the group does not include any voluntary school, by resolution of the local education authority; and

(b) if it does include any such school [F4 but the instrument of government does not name any person as a sponsor of the school]—

(i) by resolution of the authority made with the agreement of the school’s governing body; or

(ii) by one year’s notice given either by the authority to the governing body or by the governing body to the authority.

(8) Any order under section 1 of this Act embodying an instrument of government for two or more schools which are grouped under this section shall be deemed to have been revoked—

(a) in the case of a group which was established for a specified period, at the end of that period; or

(b) on the bringing to an end of the group in accordance with subsection (6) or (7) above.

(9) Schedule 1 to this Act shall have effect for the purpose of making further provision in relation to schools grouped under this section.

Textual Amendments

F1 S. 9(1A) inserted (1.1.1994) by 1993 c. 35, s. 271(3)(a); S.I. 1993/3106, art. 4, Sch. 1

F2 Word in s. 9(5)(a)(ii) repealed (1.4.1994) by 1993 c. 35, ss. 303(4), 307(1)(3), Sch. 19 para. 90(a), Sch. 21 Pt. I; S.I. 1994/507, art. 4, Sch. 2Appendix

F3 S. 9(5)(a)(iv) and preceding word inserted (1.4.1994) by 1993 c. 35, s. 307(1), Sch. 19 para.90(a); S.I. 1994/507, art. 4, Sch. 2

F4 Words in s. 9(7)(b) inserted (1.1.1994) by 1993 c. 35, s. 271(3)(b); S.I. 1993/3106, art. 4, Sch. 1

Modifications etc. (not altering text)

C1 S. 9 restricted (1.1.1994) by 1993 c. 35, s. 216(1); S.I. 1993/3106, art. 4, Sch. 1

C2 S. 9(5) amended (1.1.1994) by 1993 c. 35, s. 307(1), Sch. 19 para. 90; S.I. 1993/3106, art. 4, Sch. 1

C3 S. 9(6) modified (1.1.1994) by 1993 c. 35, s. 216(2); S.I. 1993/3106, art. 4, Sch. 1

10 Requirements as to consent to grouping. E+W

(1) Before resolving to group any schools under section 9 of this Act, a local education authority shall obtain the consent of the Secretary of State to the proposed grouping unless—

(a) the group will consist only of two primary schools both of which serve substantially the same area;

(b) neither of the schools is a special school; and

(c) where they are in Wales, there is no significant difference between them in their use of the Welsh language.

(2) The Secretary of State’s consent may be given subject to such conditions as he sees fit to impose with respect to the duration of the grouping to which his consent is given.

(3) Where two primary schools have been grouped under section 9 in circumstances in which the Secretary of State’s consent was not required under subsection (1) above, his consent to their continuing to be so grouped shall be required if a change of circumstances occurs such that a proposal to group those schools under section 9 made after that change would require his consent under that subsection.

(4) Where the Secretary of State’s consent is required to the grouping or continued grouping of any schools under section 9, sections 3 to 7 of this Act shall apply in relation to the group subject to such modifications (if any) as he may direct.

(5) No local education authority may pass a resolution under section 9 applying to any voluntary school without first obtaining the consent of its governing body.

(6) No local education authority may pass a resolution under section 9 applying to any county or maintained special school without first consulting its governing body.

(7) Any dispute as to whether, for the purposes of this section—

(a) two primary schools are to be regarded as serving substantially the same area; or

(b) there is any significant difference between two primary schools in their use of the Welsh language;

shall be determined by the Secretary of State.