Education Act 1993

Part II Proposals for establishment of new grant-maintained school

Content of proposals

7 (1) Proposals published under section 48 or 49 of this Act shall—

(a) where any person is proposed as a sponsor of the school, state the name of that person and the number of sponsor governors to be appointed by him (in accordance with section 66 of this Act),

(b) specify the number of initial first or, as the case may be, foundation governors proposed for the governing body (in accordance with sections 63 to 65 of this Act),

(c) specify the number of parent and teacher governors proposed for the governing body (in accordance with sections 60 and 61 of this Act),

(d) specify in the case of initial first, initial foundation or sponsor governors their proposed term of office (not being less than five nor more than seven years),

(e) where it is proposed that any foundation governorship be held ex officio, specify the relevant office,

(f) give the name under which it is proposed that the governing body should be incorporated under section 52 of this Act, and

(g) specify the proposed incorporation date and the proposed date of implementation of the proposals.

(2) The proposals shall describe the arrangements it is proposed to adopt in respect of the admission of pupils to the school and, in particular, shall specify the number of pupils proposed to be admitted to the school in each relevant age group in the first school year beginning on or after the date of implementation of the proposals and, if pupils are proposed to be admitted for nursery education, give the prescribed information.

Statement to be annexed to proposals

8 There shall be annexed to any proposals published under section 48 or 49 of this Act a statement briefly describing the intended character of the proposed school including, in the case of proposals published under section 49 of this Act for a school which is intended to have a particular religious character, that character and the religion or religious denomination (if any) in accordance with whose tenets religious education is to be provided.

Statement to accompany published proposals

9 Any proposals published under section 48 or 49 of this Act shall be accompanied by a statement explaining the effect of paragraph 10 or (as the case may be) paragraph 11 below.

Objections

10 (1) Within the period of two months beginning with the date of publication of any proposals under section 48 of this Act, objections to the proposals may be submitted to the funding authority by any of the following—

(a) if the proposals are for a school which may provide education to which section 2(1) of the [1992 c. 13.] Further and Higher Education Act 1992 applies, the appropriate further education funding council,

(b) any ten or more local government electors for the area,

(c) the governing body of any school affected by the proposals, and

(d) any local education authority concerned.

(2) Within one month after the end of the period referred to in sub-paragraph (1) above, the funding authority shall send to the Secretary of State copies of any objections made under that sub-paragraph (and not withdrawn in writing) within the period allowed under that sub-paragraph, together with their observations on them.

11 Within the period of two months beginning with the date of publication of any proposals under section 49 of this Act, objections to the proposals may be submitted to the Secretary of State by any of the following—

(a) if the proposals are for a school which may provide education to which section 2(1) of the Further and Higher Education Act 1992 applies, the appropriate further education funding council,

(b) the funding authority, (except, in relation to Wales, before the Schools Funding Council for Wales begin to exercise their functions),

(c) any ten or more local government electors for the area,

(d) the governing body of any school affected by the proposals, and

(e) any local education authority concerned.

Approval of school premises

12 (1) Where proposals for the establishment of a new grant-maintained school are published under section 48 of this Act, the funding authority shall prepare the particulars in respect of the proposed premises of the school mentioned in sub-paragraph (3) below.

(2) Where proposals for the establishment of a new grant-maintained school are published under section 49 of this Act, the particulars in respect of the proposed premises of the school mentioned in sub-paragraph (3) below shall be submitted to the funding authority, at such time and in such form and manner as the authority may direct, by the promoters.

(3) The particulars are—

(a) particulars of the provision made or to be made in respect of the means of access to and within the proposed premises of the school, and

(b) such other particulars in respect of the proposed premises of the school as may be required or, in the case of proposals published under section 49 of this Act, as the funding authority may require.

(4) The particulars prepared or submitted under sub-paragraph (3)(a) above shall indicate the extent to which the provision referred to conforms with the minimum requirements, so far as they are relevant to school premises, of—

(a) Design Note 18 “Access for Disabled People to Educational Buildings” published in 1984 on behalf of the Secretary of State, or

(b) if that Note has been replaced by a document prescribed by regulations made or having effect as if made under the [1990 c. 8.] Town and Country Planning Act 1990, that document.