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)This section applies in relation to proposals for acquisition of grant-maintained status and to the school to which they relate.
(2)References to the date of implementation of the proposals—
(a)in relation to a school in respect of which proposals for acquisition of grant-maintained status are required to be published under section 32 of this Act, are to the date specified in accordance with regulations under section 28(3)(a) of this Act as the proposed date of implementation in the information given to persons eligible to vote in the originating ballot, and
(b)in any other case, are to the date specified in the proposals as the proposed date of implementation.
(3)In subsection (2)(a) above, “the originating ballot”—
(a)where section 32(1) of this Act applies, means the ballot by reference to which it applies, and
(b)where the proposals are required to be published by virtue of a requirement imposed by the Secretary of State under section 33(1) or (3) of this Act, means the last ballot held in accordance with section 28 of this Act in relation to the school before that requirement was imposed.
(4)“The relevant particulars”, in relation to a proposed initial governor, means—
(a)his name and address,
(b)whether he is to be a parent, teacher, first, foundation or sponsor governor,
(c)if he is to be a parent or teacher governor, the term of office that applies in his case under paragraph 10 of Schedule 5 to this Act, and
(d)if he is to be a first, foundation or sponsor governor, the term of office proposed for him in accordance with that paragraph or, in the case of a foundation governor who is to hold office ex officio, the fact that he is to do so.
(5)“The incorporation date” means the date on which the governing body are incorporated.
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)
C37Pt. 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)
C38S. 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)
C39S. 24(2) restricted (1.1.1994) by S.I. 1993/3115, reg. 3(2)
C40S. 24(3) modified (1.1.1994) by S.I. 1993/3115, reg. 3(1)
C41S. 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)This section applies in relation to proposals for acquisition of grant-maintained status and to the school to which they relate.
(2)References to the date of implementation of the proposals—
(a)in relation to a school in respect of which proposals for acquisition of grant-maintained status are required to be published under section 32 of this Act, are to the date specified in accordance with regulations under section 28(3)(a) of this Act as the proposed date of implementation in the information given to persons eligible to vote in the originating ballot, and
(b)in any other case, are to the date specified in the proposals as the proposed date of implementation.
(3)In subsection (2)(a) above, “the originating ballot”—
(a)where section 32(1) of this Act applies, means the ballot by reference to which it applies, and
(b)where the proposals are required to be published by virtue of a requirement imposed by the Secretary of State under section 33(1) or (3) of this Act, means the last ballot held in accordance with section 28 of this Act in relation to the school before that requirement was imposed.
(4)“The relevant particulars”, in relation to a proposed initial governor, means—
(a)his name and address,
(b)whether he is to be a parent, teacher, first, foundation or sponsor governor,
(c)if he is to be a parent or teacher governor, the term of office that applies in his case under paragraph 10 of Schedule 5 to this Act, and
(d)if he is to be a first, foundation or sponsor governor, the term of office proposed for him in accordance with that paragraph or, in the case of a foundation governor who is to hold office ex officio, the fact that he is to do so.
(5)“The incorporation date” means the date on which the governing body are incorporated.
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)This section applies in relation to proposals for acquisition of grant-maintained status and to the school to which they relate.
(2)References to the date of implementation of the proposals—
(a)in relation to a school in respect of which proposals for acquisition of grant-maintained status are required to be published under section 32 of this Act, are to the date specified in accordance with regulations under section 28(3)(a) of this Act as the proposed date of implementation in the information given to persons eligible to vote in the originating ballot, and
(b)in any other case, are to the date specified in the proposals as the proposed date of implementation.
(3)In subsection (2)(a) above, “the originating ballot”—
(a)where section 32(1) of this Act applies, means the ballot by reference to which it applies, and
(b)where the proposals are required to be published by virtue of a requirement imposed by the Secretary of State under section 33(1) or (3) of this Act, means the last ballot held in accordance with section 28 of this Act in relation to the school before that requirement was imposed.
(4)“The relevant particulars”, in relation to a proposed initial governor, means—
(a)his name and address,
(b)whether he is to be a parent, teacher, first, foundation or sponsor governor,
(c)if he is to be a parent or teacher governor, the term of office that applies in his case under paragraph 10 of Schedule 5 to this Act, and
(d)if he is to be a first, foundation or sponsor governor, the term of office proposed for him in accordance with that paragraph or, in the case of a foundation governor who is to hold office ex officio, the fact that he is to do so.
(5)“The incorporation date” means the date on which the governing body are incorporated.
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)