Education Act 1996

Initiation of procedure E+W

186 Initiation of procedure by governing body. E+W

(1) Where the governing body of a school which is eligible for grant-maintained status decide by a resolution passed at a meeting of that body to hold a ballot of parents on the question whether grant-maintained status should be sought for the school, they shall—

(a) secure that the ballot is held in accordance with section 189 within the period of 10 weeks beginning with the date of the resolution, and

(b) give notice in writing that the ballot is to be held—

(i) to the local education authority, and

(ii) if the school is a voluntary school, to any person holding property on trust for the purposes of the school.

(2) Notice under subsection (1)(b) must be given within the period of five days beginning with the date of the resolution; but in determining that period no account shall be taken of—

(a) Saturday, Sunday, Good Friday and Christmas Day, or

(b) any day which is a bank holiday in England and Wales.

(3) This section does not apply if in the case of the school in question a ballot has been held in accordance with section 189 within the period of 12 months ending with the date immediately preceding the date of the resolution, unless the Secretary of State gives consent in writing for a new ballot t be held.

Modifications etc. (not altering text)

C1 S. 186 excluded (1.11.1996) by 1996 c. 57, ss. 26, 30(1), 48(2) (which ss. 26 and 30 were repealed (1.10.1998) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 200(a), Sch. 31 (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2, Sch. 1 Pt. I

187 Initiation of procedure by parents. E+W

(1) This section applies where the governing body of a school which is eligible for grant-maintained status receive a written request to hold a ballot of parents on the question whether grant-maintained status should be sought for the school.

(2) A request under subsection (1) must be signed (or otherwise endorsed in such manner as the governing body may require) by a number of registered parents of registered pupils at the school equal to at least 20 per cent. of the number of registered pupils at the school; and in this subsection “registered” means shown in the register kept under section 434 as that register has effect on the date on which the request is received.

(3) The governing body shall—

(a) secure that the ballot is held in accordance with section 189 within the period of 10 weeks beginning with the date on which the request was received, and

(b) give notice in writing that the ballot is to be held—

(i) to the local education authority, and

(ii) if the school is a voluntary school, to any person holding property on trust for the purposes of the school.

(4) Notice under subsection (3)(b) must be given within the period of five days beginning with the date on which the request was received; but in determining that period no account shall be taken of—

(a) Saturday, Sunday, Good Friday and Christmas Day, or

(b) any day which is a bank holiday in England and Wales.

(5) Subsection (3) does not apply if in the case of the school in question a ballot has been held in accordance with section 189 within the period of 12 months ending with the date immediately preceding the date on which the request is received, unless the Secretary of State gives consent in writing for a new ballot to be held.

(6) A request under subsection (1) shall be taken to have been received by a governing body if given or sent to the chairman of the governing body or to the clerk to the governing body.

Modifications etc. (not altering text)

C2 S. 187 excluded (1.11.1996) by 1996 c. 57, ss. 26,30, 48(2) (which ss. 26 and 30 were repealed (1.10.1998) by 1998 c. 31, s. 140(1)(3), SCh. 30 para. 200(a), Sch.31 (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2, Sch. 1 Pt. I