Education Act 1996

41 Voluntary school: proposals for establishment, alteration or new site

(1) Where any persons propose—

(a) that a school which they or persons whom they represent propose to establish should be maintained by a local education authority as a voluntary school, or

(b) that a school established by them or by persons whom they represent which is not a voluntary school should be so maintained as a voluntary school,

then (subject to subsection (9)) they shall publish proposals for that purpose in such manner as may be required by regulations and submit a copy of the published proposals to the Secretary of State.

(2) Where the governing body of a school which is maintained by a local education authority as a voluntary school intend—

(a) to make a significant change in the character, or a significant enlargement of the premises, of the school, or

(b) to transfer the school to a new site,

then (subject to subsections (3) and (9)) they shall publish proposals for that purpose in such manner as may be required by regulations and submit a copy of the published proposals to the Secretary of State.

(3) The requirement to publish proposals under subsection (2)(b) does not apply in relation to the transfer of a voluntary school to a new site if—

(a) the transfer is authorised by an order made under section 47(1) of this Act (or under section 16(1) of the [1944 c. 31.] Education Act 1944); or

(b) the school is intended to return to its existing site within three years of the time of the transfer.

(4) No proposals under subsection (1) shall be approved by the Secretary of State under section 43 if the school or proposed school is to provide—

(a) part-time education suitable to the requirements of persons of any age over compulsory school age, or

(b) full-time education suitable to the requirements of persons who have attained the age of 19 years;

and the reference in subsection (2)(a) to a change in the character of a school does not include a change in character resulting only from persons beginning or ceasing to be provided with education falling within paragraph (a) or (b) above.

(5) Proposals published under this section shall include particulars—

(a) of the time or times at which it is intended to implement the proposals, and

(b) of the number of pupils intended 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 shall be accompanied by a statement of the effect of section 42.

(6) For the purposes of subsection (5)(b) pupils intended to be admitted to the school for nursery education shall be disregarded, and pupils—

(a) already admitted to the school for nursery education, and

(b) intended to be transferred to a reception class at the school,

shall be treated as intended to be admitted to the school on their transfer.

(7) Before publishing any proposals under this section, the persons concerned shall—

(a) in the case of proposals under subsection (1), consult the local education authority, and

(b) in the case of proposals under either subsection (1) or subsection (2), consult such other persons as appear to them to be appropriate;

and in discharging their duty under this subsection they shall have regard to any guidance given from time to time by the Secretary of State.

(8) Before publishing any proposals under subsection (2)(a) which (if implemented) would affect the facilities for full-time education suitable to the requirements of persons over compulsory school age who have not attained the age of 19, the governing body shall consult the appropriate further education funding council.

(9) No proposals shall be published under this section in respect of any school in respect of which proposals for acquisition of grant-maintained status have been approved under section 194.