Education Act 1993 (repealed)

127 School acquiring grant-maintained status as a member of a group, etc. E+W

(1) Regulations may make provision—

(a) for two or more schools, each of which is eligible for grant-maintained status and satisfies the prescribed requirements, to become grant-maintained schools conducted by a single governing body,

(b) for two or more grant-maintained schools, each of which is not a member of a group and satisfies the prescribed requirements, to become a new group conducted by a single governing body,

(c) for a school which is eligible for grant-maintained status, or is a grant-maintained school, and satisfies the prescribed requirements to become a member of an existing group,

(d) for the schools in two or more existing groups, where each of the schools satisfies the prescribed requirements, to become one group, and

(e) for a school in a group, where the school satisfies the prescribed requirements, to leave the group but continue to be a grant-maintained school (whether as a member of a group or not).

(2) Regulations shall require in the case of each school which is not a grant-maintained school but is to acquire grant-maintained status as a member of a group—

(a) a resolution of the existing governing body to hold a ballot of parents on the question of whether grant-maintained status as a member of a group should be sought for the school,

(b) a ballot of parents at the school,

(c) the publication by the existing governing body (together with the existing governing bodies of any other schools which are to acquire grant-maintained status as members of the same group) of proposals for the schools to acquire grant-maintained status and be conducted by a single governing body, and

(d) the approval of such proposals, as originally published or as modified by the Secretary of State (whether before or after they are approved).

(3) Regulations shall require in the case of each grant-maintained school which is not a member of a group but is to become a member of a new group—

(a) a resolution for the purpose of the existing governing body,

(b) the publication by the existing governing body (together with the governing bodies of any other schools which are to become members of the group) of proposals for the schools to become a new group conducted by a single governing body, and

(c) the approval of such proposals, as originally published or as modified by the Secretary of State (whether before or after they are approved).

(4) Regulations made by virtue of subsection (2) or (3) above shall not enable the Secretary of State to modify any proposals after approving them so as to exclude any school to which they relate; and where under such regulations the Secretary of State modifies any proposals so as to exclude any school to which they relate—

(a) he may not approve them without the consent of the existing governing bodies of the schools to which the proposals as modified relate, and

(b) if he approves them, the regulations shall have effect as if the proposals as published had related only to those schools.

(5) Where proposals for the purposes of subsection (1)(a) or (b) above are approved, regulations shall provide—

(a) for the determination of the persons who are to be the initial members of the governing body,

(b) for their incorporation, and

(c) for sections 119 to 123 of this Act, Schedule 8 to this Act and the instrument of government to have effect in relation to any person who becomes a member of the governing body—

(i) before the date of implementation of the proposals, or

(ii) before the date on which the first instrument under section 57(1) of this Act for the governing body comes into effect,

with such modifications as may be prescribed.

(6) Where proposals for the purposes of subsection (1)(a) above in relation to any schools, or proposals for the purposes of subsection (1)(c) above in relation to a school which is eligible for grant-maintained status, are approved, regulations shall provide in relation to each of the schools—

(a) for the local education authority to cease to be under a duty to maintain the school,

(b) for any special agreement relating to the school to cease to have effect, and

(c) for the functions, during the period beginning with the approval of the proposals and ending with their implementation, of the governing body incorporated under the regulations.

(7) Where proposals for the purposes of subsection (1)(b) above are approved, regulations shall provide for the functions, during the period beginning with the approval of the proposals and ending with their implementation, of the governing body incorporated under the regulations.

(8) In relation to—

(a) any schools seeking to acquire grant-maintained status as a group or grant-maintained schools seeking to become a new group,

(b) any school seeking to become a member of an existing group, and

(c) schools in a group,

regulations may provide for any provision of this Part of this Act, other than this Chapter, to apply with such modifications as may be prescribed.

(9) Regulations may make provision for the governing body of a group to be reconstituted where any change occurs in the membership of the group.

(10) The Secretary of State may instead of, or in addition to, prescribing requirements for the purposes of subsection (1) above issue guidance as to the requirements he would expect to be satisfied for any application—

(a) for any maintained schools, or grant-maintained schools, to become a new group,

(b) to join or leave a group, or

(c) for the merger of groups,

to be approved.

(11) This section does not apply to nursery schools.

Modifications etc. (not altering text)

C2 S. 127(2)(a)(b) excluded (8.4.1994) by S.I. 1994/779, reg. 3(c)