Education Act 1993 (repealed)

Proposals for alteration etc. of schools eligible for grant-maintained status E+W

272 Power of governing body of county school to propose change of character etc. E+W

(1) This section applies where—

(a) the governing body of a county school (referred to in this section as the “school proposed for grant-maintained status”) have published proposals for acquisition of grant-maintained status which have not been withdrawn or determined,

(b) the local education authority have published proposals for the purpose mentioned in section 12(1)(d) of the M1 Education Act 1980 (alteration, etc. of county school) in respect of one or more schools in the area, and

(c) the governing body of the school proposed for grant-maintained status intend to make a significant change in the character, or significant enlargement of the premises, of the school, being a change or enlargement to be made for the purpose of ensuring consistency in the provision made in the area of the local education authority if the proposals made by the authority are implemented.

(2) The governing body of the school proposed for grant-maintained status may publish in such manner as may be required by regulations proposals for a significant change in the character, or significant enlargement of the premises, of the school for the purpose mentioned in subsection (1)(c) above.

(3) Chapter VII of Part II of this Act shall apply in relation to proposals published under this section as it applies in relation to proposals published under section 96 of this Act but—

(a) as if the governing body of the school proposed for grant-maintained status were the governing body of a grant-maintained school, and

(b) with the modifications in subsections (4) and (5) below.

(4) The particulars of the proposals shall not give as the time or any of the times of implementation of the proposals a time earlier than the date of implementation of the proposals for acquisition of grant-maintained status.

(5) The statement accompanying the proposals shall (in addition to the matters referred to in section 96(5) of this Act)—

(a) state that the proposals are published in connection with the proposed acquisition of grant-maintained status,

(b) state the circumstances in which the governing body are authorised under this section to publish such proposals, and

(c) describe the proposals published by the local education authority in connection with which the proposals under this section are published.

(6) Expressions used in this section or section 273 of this Act and in Part II of this Act have the same meaning as in that Part.

Modifications etc. (not altering text)

C1 S. 272 applied (2.10.1995) by S.I. 1995/2368, reg. 2(1)

C2 S. 272(1)(b)(c) modified (2.10.1995) by S.I. 1995/2368, reg. 2(2)

Marginal Citations

M1 1980 c. 20.

273 Power to make and deal with proposals in the case of schools eligible for grant-maintained status. E+W

(1) Before formulating in respect of any school which is eligible for grant-maintained status any proposals for a purpose mentioned in section 12(1)(c) (ceasing to maintain schools) or (d) of the M2 Education Act 1980, the local education authority shall consult the governing body of the school.

(2) No proposals shall be published undersection 12 or 13 of that Act in respect of any school in respect of which proposals for acquisition of grant-maintained status have been approved; and where the procedure for acquisition of grant-maintained status is pending (within the meaning of Chapter III of Part II of this Act) in respect of any voluntary school, no notice of the governing body’s intention to discontinue the school may be served undersection 14 of the M3 Education Act 1944.

(3) This subsection applies in any case where either—

(a) after proposals for acquisition of grant-maintained status have been published in respect of any school which is eligible for grant-maintained status but before those proposals are withdrawn or determined proposals under section 12 or 13 of that Act in respect of the school are first published for the purposes of that section or proposals in respect of the school are published under section 272 of this Act, or

(b) after proposals under section 12 or 13 of that Act in respect of any such school have first been published for the purposes of that section but before those proposals are withdrawn or determined the governing body of the school publish proposals for acquisition of grant-maintained status for the school.

(4) In any case where subsection (3) above applies—

(a) any proposals under section 12 of that Act shall require the approval of the Secretary of State where they would not do so apart from this subsection, and

(b) the Secretary of State shall consider the proposals under section 12 or 13 of that Act or section 272 of this Act and the proposals for acquisition of grant-maintained status together but shall not determine the proposals under section 12 or 13 of that Act or section 272 of this Act until he has made his determination with respect to the proposals for acquisition of grant-maintained status.

(5) If in any case where subsection (3) above applies the Secretary of State approves the proposals for acquisition of grant-maintained status—

(a) where there are proposals under section 12 of that Act, he may approve them if they were made under subsection (1)(d) of that section and the governing body incorporated under section 34 of this Act give their consent, but shall otherwise reject them,

(b) where there are proposals under section 13 of that Act, he may approve them if they were made for the purpose referred to in section 272(1)(c) of this Act, but shall otherwise reject them, and

(c) where there are proposals under section 272 of this Act, he may approve them.

(6) If in any case where subsection (5) above applies proposals under section 12 or 13 of that Act are approved, the proposals shall be treated for the purposes of Part II of this Act as if they had been published under section 96, and approved under section 98, of this Act; and section 99 of this Act shall apply accordingly.

(7) If subsection (3) above applies in a case where—

(a) there are proposals under section 272 of this Act, and

(b) the Secretary of State rejects the proposals for acquisition of grant-maintained status,

the Secretary of State shall reject the proposals under section 272 of this Act.

Modifications etc. (not altering text)

C3 S. 273 applied (with modifications) (1.4.1994) by S.I. 1994/653, regs. 2(2), 20

C4 S. 273(2)(6) modified (1.1.1993) by S.I. 1993/3103, reg. 2, Sch. 1 Pt. I paras.8, 9.

Marginal Citations

M2 1980 c. 20.

M3 1944 c. 31.