Education Act 1996 (c. 56)

F1 Part II E+W Schools maintained by local education authorities

Textual Amendments

F1 Pt. II (ss. 31-182) repealed (1.10.1998, 10.3.1999, 1.4.1999 respectively in relation to specified provisions and otherwise 1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch.31 (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2, Sch. 1 Pts. I, IV; S.I. 1999/120, art. 2(2), Sch. 2 ; S.I. 1999/1016, art. 2(1), Sch. 1; S.I. 1999/2323, art. 2(1), Sch. 1 (with savings as specified in those S.I.s and subject to savings in S.I. 1999/704 , S.I. 1999/711, S.I. 1999/2243 and S.I. 1999/2262)

Chapter III E+W Funding of voluntary schools

Financial assistance for controlled schools E+W

63 Payment by LEA of expenses of establishing controlled school. E+W

(1) Where—

(a) proposals for the establishment of a school are submitted to the Secretary of State under section 41(1),

(b) no application is made under section 48 for an order directing that the school shall be an aided school, and

(c) the persons submitting the proposals and the local education authority satisfy the Secretary of State that subsection (3) below applies,

the Secretary of State may by order direct that the whole or a specified part of the promoters’ expenses of establishment shall be defrayed by the local education authority.

(2) In subsection (1) “the promoters’ expenses of establishment” means so much of the cost incurred in establishing the school as would, but for the order, fall to be defrayed by the persons who establish it.

(3) This subsection applies if the establishment of the school is required for the purpose of providing accommodation for pupils for whom, or for a substantial proportion of whom, accommodation would have been provided in some other school—

(a) which is or was a voluntary school, or

(b) which is or was a grant-maintained school, having been a voluntary school immediately before it became grant-maintained,

if that other school had not been discontinued or had not otherwise ceased to be available for the purpose.

64 Payment by LEA of expenses of enlarging controlled school. E+W

(1) Where the Secretary of State—

(a) is satisfied, on an application made to him by the governing body of a controlled school and the local education authority—

(i) that there should be a significant enlargement of the school premises, and

(ii) that subsection (2) or subsection (3) applies, and

(b) approves proposals for the enlargement under section 43,

he may by order direct that the cost of implementing the proposals shall be defrayed by the local education authority.

(2) This subsection applies if the enlargement is wholly or mainly required for the purpose of providing accommodation for pupils for whom accommodation would have been provided in another voluntary school if that other school had not been discontinued or had not otherwise ceased to be available for the purpose.

(3) This subsection applies if the enlargement is desirable for either or both of the following reasons—

(a) for the better provision of primary or secondary education at the premises to be enlarged;

(b) for securing that enough suitable primary or secondary schools are available for the area of the authority.