Education Act 1996

Alteration of county school proposed for grant-maintained status E+W

198 Proposals by governing body for alteration of county school proposed for grant-maintained status. E+W

(1) This section applies where—

(a) the governing body of a county school (“the school proposed for grant-maintained status”) have published proposals for acquisition of grant-maintained status which have not been withdrawn or determined,

(b) the local education authority have published proposals for any of the purposes mentioned in section 35(1)(c) or (d) (alteration, etc. of county school) in respect of one or more schools in the area, and

(c) the governing body of the school proposed for grant-maintained status intend to make a significant change in the character, or a significant enlargement of the premises, of the school, being a change or enlargement to be made for the purpose of ensuring consistency in the provision of education in the area of the local education authority if the proposals made by the authority are implemented.

(2) The governing body of the school proposed for grant-maintained status may publish in such manner as may be required by regulations proposals for a significant change in the character, or significant enlargement of the premises, of the school for the purpose mentioned in subsection (1)(c).

(3) Chapter VII (alteration etc. of grant-maintained school) shall apply in relation to proposals published under this section as it applies in relation to proposals published under section 259 (proposals for change of character etc. by governing body) but—

(a) as if the governing body of the school proposed for grant-maintained status were the governing body of a grant-maintained school, and

(b) with the modifications in subsections (4) and (5) below.

(4) The particulars of the proposals shall not give as the time or any of the times of implementation of the proposals a time earlier than the date of implementation of the proposals for acquisition of grant-maintained status.

(5) The statement accompanying the proposals shall (in addition to complying with section 259(5))—

(a) state that the proposals are published in connection with the proposed acquisition of grant-maintained status,

(b) state the circumstances in which the governing body are authorised under this section to publish such proposals, and

(c) describe the proposals published by the local education authority in connection with which the proposals under this section are published.

(6) Proposals published under this section may, if the governing body think fit—

(a) specify an age below 10 years and six months and an age above 12 years, and

(b) provide that the school is to be a school for providing full-time education suitable to the requirements of pupils whose ages are between the ages so specified.

199 Approval or rejection by Secretary of State of proposals under section 198. E+W

(1) This section applies where, after proposals for acquisition of grant-maintained status have been published in respect of any school which is eligible for grant-maintained status but before those proposals are withdrawn or determined, proposals in respect of the school are published under section 198.

(2) The Secretary of State shall consider both sets of proposals together but shall not determine the proposals under section 198 until he has made his determination with respect to the proposals for acquisition of grant-maintained status.

(3) If the Secretary of State approves the proposals for acquisition of grant-maintained status, he may approve the proposals under section 198.

(4) If the Secretary of State rejects the proposals for acquisition of grant-maintained status, he shall reject the proposals under section 198.