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)Subsection (2) below applies where the result of a ballot held in accordance with section 28 of this Act shows a simple majority of votes cast (by persons eligible to vote in the ballot) in favour of seeking grant-maintained status for the school.
(2)Before the end of the period of four months beginning with the date on which the result of the ballot is determined, the governing body shall—
(a)publish proposals for acquisition of grant-maintained status for the school in accordance with any provisions imposed by or under paragraph 1 of Schedule 3 to this Act,
(b)publish any notice in respect of the proposals for the time being required by any such provisions, and
(c)submit to the Secretary of State a copy of the published proposals.
(3)References in this Part of this Act to proposals published under this section, in any case where the Secretary of State has modified such proposals in pursuance of this Part of this Act, are to the proposals as so modified.
(4)For the purposes of this Part of this Act, proposals published under this section shall be regarded as pending in respect of a school until either the proposals are withdrawn or the Secretary of State makes his determination in respect of them.
(5)Part I of Schedule 3 to this Act (which makes provision supplementing this section) shall have effect.
Modifications etc. (not altering text)
C2s. 32 applied (with modifications) (1.4.1994) by S.I. 1994/653, regs. 2(2),5
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 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).
(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 M119Education (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)Subsection (2) below applies where the result of a ballot held in accordance with section 28 of this Act shows a simple majority of votes cast (by persons eligible to vote in the ballot) in favour of seeking grant-maintained status for the school.
(2)Before the end of the period of four months beginning with the date on which the result of the ballot is determined, the governing body shall—
(a)publish proposals for acquisition of grant-maintained status for the school in accordance with any provisions imposed by or under paragraph 1 of Schedule 3 to this Act,
(b)publish any notice in respect of the proposals for the time being required by any such provisions, and
(c)submit to the Secretary of State a copy of the published proposals.
(3)References in this Part of this Act to proposals published under this section, in any case where the Secretary of State has modified such proposals in pursuance of this Part of this Act, are to the proposals as so modified.
(4)For the purposes of this Part of this Act, proposals published under this section shall be regarded as pending in respect of a school until either the proposals are withdrawn or the Secretary of State makes his determination in respect of them.
(5)Part I of Schedule 3 to this Act (which makes provision supplementing this section) shall have effect.
Modifications etc. (not altering text)
C2s. 32 applied (with modifications) (1.4.1994) by S.I. 1994/653, regs. 2(2),5
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)