Education Act 1993 (repealed)

Valid from 01/04/1994

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 M1 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 M2 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been published in respect of any school which is eligible for grant-maintained status but before those proposals are withdrawn or determined proposals under section 12 or 13 of that Act in respect of the school are first published for the purposes of that section or proposals in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in respect of any such school have first been published for the purposes of that section but before those proposals are withdrawn or determined the governing body of the school publish proposals for acquisition of grant-maintained status for the school.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)

C1 S. 273 applied (with modifications) (1.4.1994) by S.I. 1994/653, regs. 2(2), 20

C2 S. 273(2)(6) modified (1.1.1993) by S.I. 1993/3103, reg. 2, Sch. 1 Pt. I paras.8, 9.

Marginal Citations

M1 1980 c. 20.

M2 1944 c. 31.