Part II GRANT-MAINTAINED SCHOOLS

C41Chapter II PROCEDURE FOR ACQUISITION OF GRANT-MAINTAINED STATUS

Annotations:
Modifications etc. (not altering text)
C41

Pt. II Chapter II (ss. 23-37) modified (1.5.1994) by S.I. 1994/1041, reg. 17(2)(a)

Initiation of procedure

C4225 Initiation of procedure by governing body.

1

Where the governing body of a school which is eligible for grant-maintained status decide by a resolution passed at a meeting of that body to hold a ballot of parents on the question of whether grant-maintained status should be sought for the school, they shall—

a

secure that the ballot is held in accordance with section 28 of this Act within the period of ten weeks beginning with the date of the resolution, and

b

give notice in writing that the ballot is to be held to the local education authority and, if the school is a voluntary school, to any person holding property on trust for the purposes of the school.

2

Notice under subsection (1)(b) above must be given within the period of five days beginning with the date of the resolution; but in determining that period no account shall be taken of—

a

Saturday, Sunday, Good Friday and Christmas Day, or

b

any day which is a bank holiday in England and Wales.

3

This section does not apply if in the case of the school in question a ballot has been held in accordance with section 28 of this Act within the period of twelve months ending with the date immediately preceding the date of the resolution, unless the Secretary of State gives consent in writing for a new ballot to be held.

C36Chapter II PROCEDURE FOR ACQUISITION OF GRANT-MAINTAINED STATUS

Annotations:
Modifications etc. (not altering text)
C36

Pt. II Chapter II (ss. 23-37) modified (1.5.1994) by S.I. 1994/1041, reg. 17(2)(a)

Eligibility

23 Schools eligible for grant-maintained status.

1

Subject to subsections (2) and (3) below, any county or voluntary school is for the purposes of this Part of this Act eligible for grant-maintained status.

2

A county or voluntary school is not eligible for grant-maintained status if proposals by the local education authority to cease to maintain the school have been published under section 12(1)(c) of the M115Education Act 1980 and either—

a

the proposals have been approved by the Secretary of State under that section, or

b

where the proposals do not require the approval of the Secretary of State, the local education authority have determined to implement the proposals and notified the Secretary of State of their determination in accordance with subsection (8) of that section.

3

A voluntary school is not eligible for grant-maintained status if—

a

notice of the governing body’s intention to discontinue the school has been served under section 14 of the M116Education Act 1944 and has not been withdrawn, or

b

proposals by the governing body to discontinue the school have been published, and approved by the Secretary of State, under section 13 of the M117Education Act 1980 (as applied by section 59(2)(b) of the M118Further and Higher Education Act 1992).

C3724 Duty of governing body to consider ballot on grant-maintained status.

1

The Secretary of State may by order provide for this section to apply to the governing bodies of all schools, or all schools in England or Wales, which are eligible for grant-maintained status.

C382

Where this section applies to a governing body of a school, they shall, at least once in every school year, consider whether to hold a ballot of parents on the question of whether grant-maintained status should be sought for the school.

C393

Subsection (2) above does not apply in respect of any school year if a ballot has been held in accordance with section 28 of this Act in the school year which precedes it.

C404

The annual report of any governing body to which this section applies shall include—

a

a statement indicating that in the period since their last report the governing body have considered whether to hold a ballot of parents in pursuance of subsection (2) above and giving—

i

particulars of any decisions made by the governing body following such consideration and the date or dates on which they were made, and

ii

if the governing body decided not to hold a ballot, an explanation of the reasons for that decision, or

b

a statement indicating that in that period the governing body have not, for the reasons given in the statement, considered whether to hold a ballot of parents on the question of whether grant-maintained status should be sought for the school.

5

In this section, “annual report” means the report prepared under the articles of government for the school in accordance with section 30 of the M114Education (No.2) Act 1986.

Part II GRANT-MAINTAINED SCHOOLS

C41Chapter II PROCEDURE FOR ACQUISITION OF GRANT-MAINTAINED STATUS

Initiation of procedure

C4225 Initiation of procedure by governing body.

1

Where the governing body of a school which is eligible for grant-maintained status decide by a resolution passed at a meeting of that body to hold a ballot of parents on the question of whether grant-maintained status should be sought for the school, they shall—

a

secure that the ballot is held in accordance with section 28 of this Act within the period of ten weeks beginning with the date of the resolution, and

b

give notice in writing that the ballot is to be held to the local education authority and, if the school is a voluntary school, to any person holding property on trust for the purposes of the school.

2

Notice under subsection (1)(b) above must be given within the period of five days beginning with the date of the resolution; but in determining that period no account shall be taken of—

a

Saturday, Sunday, Good Friday and Christmas Day, or

b

any day which is a bank holiday in England and Wales.

3

This section does not apply if in the case of the school in question a ballot has been held in accordance with section 28 of this Act within the period of twelve months ending with the date immediately preceding the date of the resolution, unless the Secretary of State gives consent in writing for a new ballot to be held.

Part II GRANT-MAINTAINED SCHOOLS

C41Chapter II PROCEDURE FOR ACQUISITION OF GRANT-MAINTAINED STATUS

Initiation of procedure

C4225 Initiation of procedure by governing body.

1

Where the governing body of a school which is eligible for grant-maintained status decide by a resolution passed at a meeting of that body to hold a ballot of parents on the question of whether grant-maintained status should be sought for the school, they shall—

a

secure that the ballot is held in accordance with section 28 of this Act within the period of ten weeks beginning with the date of the resolution, and

b

give notice in writing that the ballot is to be held to the local education authority and, if the school is a voluntary school, to any person holding property on trust for the purposes of the school.

2

Notice under subsection (1)(b) above must be given within the period of five days beginning with the date of the resolution; but in determining that period no account shall be taken of—

a

Saturday, Sunday, Good Friday and Christmas Day, or

b

any day which is a bank holiday in England and Wales.

3

This section does not apply if in the case of the school in question a ballot has been held in accordance with section 28 of this Act within the period of twelve months ending with the date immediately preceding the date of the resolution, unless the Secretary of State gives consent in writing for a new ballot to be held.