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Version Superseded: 01/04/1994
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Education Reform Act 1988, Section 89 is up to date with all changes known to be in force on or before 31 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.
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(1)Subject to subsection (2) below, where the governing body of a grant-maintained school intend to make a significant change in the character, or significant enlargement of the premises, of the school they shall publish proposals for that purpose in such manner as may be required by regulations made by the Secretary of State and submit to him a copy of the published proposals.
[F1(1A)The reference in subsection (1) above to a change in the character of a school does not include a change in character resulting only from persons beginning or ceasing to be provided with part-time education suitable to the requirements of persons of any age over compulsory school age or full-time education suitable to the requirements of persons who have attained the age of nineteen years, but it shall be the duty of the governing body of any grant-maintained school which provides such education to secure that it is not provided at any time in a room where pupils are at that time being taught except in such circumstances as may be prescribed.]
(2)No proposals shall be published under this section for the purpose of making a significant change in the religious character of such a school unless the trustees of the school (if any) have given their consent in writing to the change in question.
(3)Proposals published under this section shall include particulars—
(a)of the time or times at which it is intended to implement the proposals; and
(b)of the number of pupils intended to be admitted to the school in each relevant age group in the first school year in relation to which the proposals have been wholly implemented.
(4)For the purposes of subsection (3)(b) above—
(a)pupils intended to be admitted to the school for nursery education shall be disregarded; and
(b)pupils already so admitted intended to be transferred to a reception class at the school shall be treated as intended to be admitted to the school on their transfer.
(5)Proposals published under this section shall be accompanied by a statement—
(a)describing any effect the implementation of the proposals would have on provision at the school for pupils who have special educational needs; and
(b)explaining the effect of subsection (6) below.
(6)Before the end of the period of two months beginning with the date of publication of the proposals, any of the following may submit objections to the proposals to the Secretary of State—
(a)any ten or more local government electors;
(b)the governing body of any school affected by the proposals; and
(c)any local education authority concerned.
(7)The proposals shall require the approval of the Secretary of State; and he may reject them, approve them without modification or, after consultation with the governing body by whom they were made, approve them with such modifications as he thinks desirable.
(8)It shall be the duty of the governing body of a grant-maintained school to implement any proposals with respect to the school which have been approved by the Secretary of State under this section; but the Secretary of State may, at the request of the governing body, modify any proposals which they are required to implement by virtue of this subsection.
(9)Neither the governing body of a grant-maintained school nor any other person shall do or undertake anything for which proposals are required to be published and submitted in accordance with this section until such proposals have been so published and submitted and approved by the Secretary of State.
(10)The Secretary of State may in any case allow such steps to be taken by the governing body of a grant-maintained school pending compliance with the requirements of this section and the giving by him of his approval of any such proposals as he considers reasonable in the circumstances of the case.
(11)No decision taken at a meeting of the governing body of a grant-maintained school that would result in the submission of proposals under this section shall have effect unless it is confirmed at a second meeting of the governing body held not less than twenty-eight days after the first.
Textual Amendments
F1S. 89(1A) inserted (1. 8. 1993) by Further and Higher Education Act 1992 (c. 13), s. 13(3); S.I. 1992/831, art. 2, Sch. 4.
Modifications etc. (not altering text)
C1Ss. 79-91 modified (1.1.1994) by S.I. 1993/3103, reg. 3 Sch.2
C2S. 89(2) saved (1.8.1991) by Diocesan Boards of Education Measure 1991 (No. 2, SIF 41:1), s. 3(5); Archbishops' Instrument 1991 No. 1 (made 26.7.1991)
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