Modifications etc. (not altering text)
C1Pt. II Chapter II (ss. 23-37) modified (1.5.1994) by S.I. 1994/1041, reg. 17(2)(a)
(1)Where the governing body of a school are under a duty by virtue of section 25 or 26 of this Act to secure that a ballot is held, they shall secure that all necessary arrangements for the ballot are made by such body as may be prescribed.
(2)The arrangements shall provide for a secret postal ballot.
(3)The governing body shall secure that the prescribed body take such steps as are reasonably practicable to secure that every person who is eligible to vote in the ballot is—
(a)given the prescribed information,
(b)informed that he is entitled to vote in the ballot, and
(c)given an opportunity to do so.
(4)The governing body shall make available to every person employed to work at the school for inspection (at all reasonable times and free of charge) at the school a document containing the information required by subsection (3)(a) above to be given to persons eligible to vote in the ballot.
(5)In determining the arrangements they require to be made by the prescribed body, the governing body shall take into account any guidance given by the Secretary of State from time to time as to the arrangements he considers appropriate for ballots held in accordance with this section.
(6)The governing body may promote (otherwise than as part of the arrangements made for the ballot) the case for seeking grant-maintained status for the school and, in doing so, they shall take into account any guidance given by the Secretary of State as to the action he considers appropriate for the purpose.
Modifications etc. (not altering text)
C2Ss. 25-31 applied (with modifications) (1.4.1994) by S.I. 1994/653, reg. 4(3)(4)
Ss. 28 applied (with modifications) (1.5.1994) by S.I. 1994/1041, reg.31(8)
Modifications etc. (not altering text)
C1Pt. II Chapter II (ss. 23-37) modified (1.5.1994) by S.I. 1994/1041, reg. 17(2)(a)
Modifications etc. (not altering text)
C38Pt. II Chapter II (ss. 23-37) modified (1.5.1994) by S.I. 1994/1041, reg. 17(2)(a)
(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 M114Education 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 M115Education 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 M116Education Act 1980 (as applied by section 59(2)(b) of the M117Further and Higher Education Act 1992).
(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.
(2)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.
(3)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.
(4)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 M118Education (No.2) Act 1986.
Modifications etc. (not altering text)
C39S. 24 applied (1.1.1994) by S.I. 1993/3115, reg.2
S. 24 applied (with modifications) (1.4.1994) by S.I. 1994/653, reg. 4(1)(2)
C40S. 24(2) restricted (1.1.1994) by S.I. 1993/3115, reg. 3(2)
C41S. 24(3) modified (1.1.1994) by S.I. 1993/3115, reg. 3(1)
C42S. 24(4) modified (1.1.1994) by S.I. 1993/3115, reg. 3(3)
Marginal Citations
Modifications etc. (not altering text)
C1Pt. II Chapter II (ss. 23-37) modified (1.5.1994) by S.I. 1994/1041, reg. 17(2)(a)
(1)Where the governing body of a school are under a duty by virtue of section 25 or 26 of this Act to secure that a ballot is held, they shall secure that all necessary arrangements for the ballot are made by such body as may be prescribed.
(2)The arrangements shall provide for a secret postal ballot.
(3)The governing body shall secure that the prescribed body take such steps as are reasonably practicable to secure that every person who is eligible to vote in the ballot is—
(a)given the prescribed information,
(b)informed that he is entitled to vote in the ballot, and
(c)given an opportunity to do so.
(4)The governing body shall make available to every person employed to work at the school for inspection (at all reasonable times and free of charge) at the school a document containing the information required by subsection (3)(a) above to be given to persons eligible to vote in the ballot.
(5)In determining the arrangements they require to be made by the prescribed body, the governing body shall take into account any guidance given by the Secretary of State from time to time as to the arrangements he considers appropriate for ballots held in accordance with this section.
(6)The governing body may promote (otherwise than as part of the arrangements made for the ballot) the case for seeking grant-maintained status for the school and, in doing so, they shall take into account any guidance given by the Secretary of State as to the action he considers appropriate for the purpose.
Modifications etc. (not altering text)
C2Ss. 25-31 applied (with modifications) (1.4.1994) by S.I. 1994/653, reg. 4(3)(4)
Ss. 28 applied (with modifications) (1.5.1994) by S.I. 1994/1041, reg.31(8)
Modifications etc. (not altering text)
C1Pt. II Chapter II (ss. 23-37) modified (1.5.1994) by S.I. 1994/1041, reg. 17(2)(a)
Modifications etc. (not altering text)
C1Pt. II Chapter II (ss. 23-37) modified (1.5.1994) by S.I. 1994/1041, reg. 17(2)(a)
(1)Where the governing body of a school are under a duty by virtue of section 25 or 26 of this Act to secure that a ballot is held, they shall secure that all necessary arrangements for the ballot are made by such body as may be prescribed.
(2)The arrangements shall provide for a secret postal ballot.
(3)The governing body shall secure that the prescribed body take such steps as are reasonably practicable to secure that every person who is eligible to vote in the ballot is—
(a)given the prescribed information,
(b)informed that he is entitled to vote in the ballot, and
(c)given an opportunity to do so.
(4)The governing body shall make available to every person employed to work at the school for inspection (at all reasonable times and free of charge) at the school a document containing the information required by subsection (3)(a) above to be given to persons eligible to vote in the ballot.
(5)In determining the arrangements they require to be made by the prescribed body, the governing body shall take into account any guidance given by the Secretary of State from time to time as to the arrangements he considers appropriate for ballots held in accordance with this section.
(6)The governing body may promote (otherwise than as part of the arrangements made for the ballot) the case for seeking grant-maintained status for the school and, in doing so, they shall take into account any guidance given by the Secretary of State as to the action he considers appropriate for the purpose.
Modifications etc. (not altering text)
C2Ss. 25-31 applied (with modifications) (1.4.1994) by S.I. 1994/653, reg. 4(3)(4)
Ss. 28 applied (with modifications) (1.5.1994) by S.I. 1994/1041, reg.31(8)
Modifications etc. (not altering text)
C1Pt. II Chapter II (ss. 23-37) modified (1.5.1994) by S.I. 1994/1041, reg. 17(2)(a)