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 any proposals are approved under section 33 of this Act, then—
(a)the persons who, immediately before the proposals are approved, are named in them as initial governors, and
(b)the existing head teacher (as a governor ex officio),
shall on that date be incorporated as the governing body of the school under the name given in pursuance of paragraph 4(1)(g) of Schedule 3 to this Act.
(2)Where any proposals are approved under section 33 of this Act, then, in relation to the period beginning with the incorporation date and ending immediately before the date of implementation of the proposals—
(a)the governing body incorporated under this section are referred to in this Part of this Act as the “new governing body”, and
(b)any reference in any enactment or instrument or document to the governing body of the school, other than an express reference to the new governing body or the governing body incorporated under this section or a reference in Chapter V, shall be read as a reference to the existing governing body, not the new governing body.
(3)On the date of implementation of the proposals—
(a)the local education authority whose duty it was immediately before that date to maintain the school as a county or voluntary school shall cease to have that duty, and
(b)any special agreement relating to the school shall cease to have effect.
Modifications etc. (not altering text)
C2Ss. 33-34 applied (with modifications) (1.4.1994) by S.I. 1994/653, regs. 2(2), 6(1)(3)(4)
C3S. 34(1)(2) applied (1.5.1994) by S.I. 1994/1041, reg. 35(1)
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)
C39Pt. 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)
C40S. 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)
C41S. 24(2) restricted (1.1.1994) by S.I. 1993/3115, reg. 3(2)
C42S. 24(3) modified (1.1.1994) by S.I. 1993/3115, reg. 3(1)
C43S. 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 any proposals are approved under section 33 of this Act, then—
(a)the persons who, immediately before the proposals are approved, are named in them as initial governors, and
(b)the existing head teacher (as a governor ex officio),
shall on that date be incorporated as the governing body of the school under the name given in pursuance of paragraph 4(1)(g) of Schedule 3 to this Act.
(2)Where any proposals are approved under section 33 of this Act, then, in relation to the period beginning with the incorporation date and ending immediately before the date of implementation of the proposals—
(a)the governing body incorporated under this section are referred to in this Part of this Act as the “new governing body”, and
(b)any reference in any enactment or instrument or document to the governing body of the school, other than an express reference to the new governing body or the governing body incorporated under this section or a reference in Chapter V, shall be read as a reference to the existing governing body, not the new governing body.
(3)On the date of implementation of the proposals—
(a)the local education authority whose duty it was immediately before that date to maintain the school as a county or voluntary school shall cease to have that duty, and
(b)any special agreement relating to the school shall cease to have effect.
Modifications etc. (not altering text)
C2Ss. 33-34 applied (with modifications) (1.4.1994) by S.I. 1994/653, regs. 2(2), 6(1)(3)(4)
C3S. 34(1)(2) applied (1.5.1994) by S.I. 1994/1041, reg. 35(1)
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 any proposals are approved under section 33 of this Act, then—
(a)the persons who, immediately before the proposals are approved, are named in them as initial governors, and
(b)the existing head teacher (as a governor ex officio),
shall on that date be incorporated as the governing body of the school under the name given in pursuance of paragraph 4(1)(g) of Schedule 3 to this Act.
(2)Where any proposals are approved under section 33 of this Act, then, in relation to the period beginning with the incorporation date and ending immediately before the date of implementation of the proposals—
(a)the governing body incorporated under this section are referred to in this Part of this Act as the “new governing body”, and
(b)any reference in any enactment or instrument or document to the governing body of the school, other than an express reference to the new governing body or the governing body incorporated under this section or a reference in Chapter V, shall be read as a reference to the existing governing body, not the new governing body.
(3)On the date of implementation of the proposals—
(a)the local education authority whose duty it was immediately before that date to maintain the school as a county or voluntary school shall cease to have that duty, and
(b)any special agreement relating to the school shall cease to have effect.
Modifications etc. (not altering text)
C2Ss. 33-34 applied (with modifications) (1.4.1994) by S.I. 1994/653, regs. 2(2), 6(1)(3)(4)
C3S. 34(1)(2) applied (1.5.1994) by S.I. 1994/1041, reg. 35(1)
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)