Chapter VIIE+W Alteration etc. of grant-maintained schools
259 Proposals for change of character etc. by governing body.E+W
(1)Subject to subsection (2), where the governing body of a grant-maintained school intend to make a significant change in the character, or a significant enlargement of the premises, of the school or to transfer the school to a new site they shall—
(a)publish proposals for that purpose in such manner as may be prescribed, and
(b)submit to the Secretary of State a copy of the published proposals.
(2)No proposals shall be published under this section for the purpose of making a significant change in the religious character of a school unless the trustees under any trust deed relating to the school have given their consent in writing to the change in question; and the requirement to publish proposals under subsection (1) does not apply in relation to a transfer of a school to a new site if it is intended to return to the existing site within three years of the time of the transfer.
(3)Before publishing any proposals under this section, the governing body shall consult such persons as appear to them to be appropriate; and in discharging their duty under this subsection, the governing body shall have regard to any guidance given to them from time to time by the Secretary of State.
(4)Proposals published under this section shall include particulars—
(a)of the proposed time or times of implementation of the proposals, and
(b)of the number of pupils proposed to be admitted to the school in each relevant age group in the first school year in relation to which the proposals have been wholly implemented,
and, if pupils are proposed to be admitted for nursery education, shall give the prescribed information.
(5)Proposals published under this section shall be accompanied by a statement which—
(a)describes any effect the implementation of the proposals would have on provision at the school for pupils who have special educational needs, and
(b)explains the effect of subsection (6).
(6)Within the period of two months beginning with the date of publication of the proposals, objections to the proposals may be submitted to the Secretary of State by any of the following—
(a)any ten or more local government electors for the area,
(b)the governing body of any school affected by the proposals,
(c)the appropriate further education funding council (if the proposals affect the provision of education to which section 2(1) of the M1Further and Higher Education Act 1992 applies), and
(d)any local education authority concerned.
(7)Where the proposals are to transfer a school to a site in a different area, objections under subsection (6) to the proposals may also be submitted by any ten or more local government electors for that area.
(8)No decision taken at a meeting of the governing body of a grant-maintained school that would result in the publication of proposals under this section shall have effect unless it is confirmed at a second meeting of the governing body held not less than 28 days after the first.
Marginal Citations
F1260. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
Textual Amendments
F1S. 260 repealed (1.4.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30, para. 70, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1 (subject to savings in S.I. 1999/2323, Sch. 7 paras. 2, 5, 6, 10, 12 and in S.I. 1999/704, reg. 4(1))
261 Approval, adoption or rejection of proposals.E+W
(1)Proposals published under section 259 require the approval of the Secretary of State.
F2(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)Where F3. . . proposals require the approval of the Secretary of State, he may—
(a)reject them,
(b)approve them without modification, or
(c)after consulting the governing body F3. . . approve them with such modifications as he thinks desirable.
F2(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F2S. 261(2)(4)(5) repealed (1.4.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30, para. 70, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1 (subject to savings in S.I. 1999/704, reg. 4(1))
F3Words in s. 261(3) repealed (1.4.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30, para. 70, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1 (subject to savings in S.I. 1999/704, reg. 4(1))
262 Approval of school premises.E+W
(1)Where the governing body of a grant-maintained school publish proposals under section 259, they shall, if the funding authority so direct, submit to the authority, at such time and in such form and manner as the authority may direct, the particulars mentioned in subsection (3); and particulars so submitted require the approval of the funding authority under this section.
(2)Where the funding authority publish proposals under section 260, they shall, if in their opinion the circumstances so require, prepare the particulars mentioned in subsection (3); and particulars so prepared require adoption by the funding authority under this section.
(3)The particulars are—
(a)particulars of the provision made or to be made in respect of the means of access to and within the premises or proposed premises of the school, and
(b)such other particulars in respect of the premises or proposed premises of the school as the funding authority may require or, in the case of proposals published under section 260, as may be required.
(4)The particulars prepared or submitted under subsection (3)(a) shall indicate the extent to which the provision referred to conforms with the minimum requirements, so far as they are relevant to school premises, of—
(a)Design Note 18 “Access for Disabled People to Educational Buildings” published in 1984 on behalf of the Secretary of State, or
(b)(if that Note has been replaced by a document prescribed by regulations made or having effect as if made under the M2Town and Country Planning Act 1990) that document.
Modifications etc. (not altering text)
C1S. 262 modified (1.4.1999) by S.I. 1999/704, reg. 5
Marginal Citations
263 Implementation of proposals, etc.E+W
(1)Where any proposals are approved or adopted under section 261, it shall be the duty of the governing body of the school to which the proposals relate to implement them.
(2)Proposals required to be implemented under this section shall be implemented in accordance with any particulars approved or adopted under section 262.
(3)The Secretary of State may, at the request of a governing body, modify any proposals published under section 259 which the governing body are required to implement under this section.
(4)The Secretary of State may—
(a)at the request of a governing body, or
F4(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
modify any proposals published under section 260 which the governing body are required to implement under this section.
(5)Neither the governing body of a grant-maintained school nor any other person shall make any significant change in the character, or significant enlargement of the premises, of the school or transfer the school to a new site, or undertake to do any of those things, unless proposals have been published under section 259 or 260 and any requirements of section 261 have been complied with.
(6)Subsection (5) does not—
(a)prevent the Secretary of State allowing such steps to be taken by the governing body of a grant-maintained school, pending compliance with those requirements and the giving or making of the approval or adoption, as the Secretary of State considers reasonable in the circumstances, or
(b)apply to any transfer of a school to a new site falling within section 259(2) or 260(3).
Textual Amendments
F4S. 263(4)(b) repealed (1.4.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30, para. 70, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1
F5264. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
Textual Amendments
F5S. 264 repealed (1.4.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30, para. 70, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1 (subject to savings in S.I. 1999/2323, Sch. 7 paras. 2, 5, 6, 10, 12)
F6265. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
Textual Amendments
F6S. 265 repealed (1.4.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30, para. 70, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1 (subject to savings in S.I. 1999/2323, Sch. 7 paras. 2, 5, 6, 10, 12)
266 Chapter VII: interpretation.E+W
(1)References in this Part to a change in the character of a school do not include any change resulting only from persons beginning or ceasing to be provided with—
(a)part-time education suitable to the requirements of persons of any age over compulsory school age,
(b)part-time education suitable to the requirements of junior pupils who have not attained [F7compulsory school age] where the school provides full-time education for junior pupils of the same age, or
(c)full-time education suitable to the requirements of persons who have attained the age of 19.
(2)Where proposals for a significant change in the character, or significant enlargement of the premises, of a school or for the transfer of a school to a new site have been approved or adopted under section 261, references in this Chapter to the proposals are references to the proposals as approved or adopted, subject to any modifications of the proposals under section 263(3) or (4).
Textual Amendments
F7Words in s. 266(1)(b) substituted (1.8.1998) by 1997 c. 44, s. 57(1), Sch. 7 para.19; s.I. 1998/386, art. 2, Sch. 1 Pt.III