Education Act 1996

Special provisions applicable where order under section 27(1)(b) applies E+W

15 (1) This paragraph has effect in respect of the area of a local education authority if an order under section 27(1)(b) (allocation of responsibility for providing sufficient school places to funding authority) applies to the area.

(2) Within six months of the date of the first such order the authority shall reconvene any conference—

(a) which they have convened under any of paragraphs 1 to 3 above (or for the purpose set out in paragraph 1 or 12 of Schedule 5 to the M1 Education Act 1944 (preparation and reconsideration of agreed syllabuses) or section 11(8) of the M2 Education Reform Act 1988 (standing advisory councils on religious education)), and

(b) which has not made a recommendation under paragraph 10(2)(a) above (or under paragraph 9 or 13(2) of that Schedule), and

(c) in respect of which the authority have not made a report under paragraph 10(3)(a) above (or under paragraph 10 or 13(4) of that Schedule).

(3) Where a conference is convened (or reconvened) after the date of the order—

(a) paragraph 4 shall have effect as if it required the appointment of a committee, in addition to those listed in sub-paragraph (2)(a) to (d) of that paragraph, consisting of persons representing relevant grant-maintained schools, and

(b) paragraph 11 shall have effect only in relation to grant-maintained schools, or pupils at such schools, at which the syllabus is in use in accordance with section 381(3);

and paragraph 4(4) shall apply in relation to a conference reconvened by virtue of this paragraph (whether or not it applied when the conference was originally convened).

(4) Before appointing a person to represent relevant grant-maintained schools in accordance with sub-paragraph (3)(a), the local education authority shall take all reasonable steps to assure themselves that he is acceptable as such to the governing bodies of the majority of such schools.

(5) No proceedings under this Schedule shall be invalidated on the ground that any such person was not so acceptable unless it is shown that the local education authority failed to take those steps.

(6) A person so appointed—

(a) may resign his membership of the committee, or

(b) may be withdrawn from the committee by the local education authority if, in their opinion, he ceases to be acceptable as a representative of relevant grant-maintained schools to the governing bodies of the majority of such schools.

(7) Where any such person resigns or is withdrawn from the committee, the local education authority shall appoint someone in his place in the same manner as that in which they made the original appointment.

(8) For the purposes of this paragraph “relevant grant-maintained schools” means those grant-maintained schools within the area of the local education authority in relation to which section 379 or 380 applies.

Marginal Citations

M1 1944 c. 31.

M2 1988 c. 40.