Education Act 1996

54 Order by Secretary of State. E+W

(1) On an application duly made to him by the governing body of any controlled school the Secretary of State may by order direct that, as from such date as is specified in the order, the school shall be an aided school.

(2) The Secretary of State shall not make an order under this section unless he is satisfied that the governing body will be able and willing—

(a) with the assistance of grants under section 65, to defray the expenses mentioned in section 59(2) and (3), and

(b) to pay to the local education authority any compensation payable by the governing body under section 56.

(3) Where the Secretary of State proposes, in making an order under this section, to specify under subsection (1) a date which is different from that specified in pursuance of section 52(2)(b), he shall first consult the governing body and the local education authority as to the date which it would be appropriate to specify in the order.

(4) Where, in consequence of an order made under this section, an amount will be payable by a governing body by way of compensation under section 56, the order—

(a) shall specify the amount of the compensation so payable and the date by which it must be paid; and

(b) may impose such conditions in relation to its payment as the Secretary of State thinks fit.

(5) An order under this section may make such provision (including provision modifying any provision made by or under this Act) as the Secretary of State considers appropriate in connection with the transition of the school in question from controlled to aided status.

(6) In particular, an order under this section may make provision—

(a) as to the circumstances in which, and purposes for which, the school is to be treated before the date specified under subsection (1) as if it were an aided school;

(b) as to the time by which the new instrument of government and articles of government (appropriate for an aided school) are to be made for the school, and the consent and consultation required before they are made;

(c) where the local education authority propose to pass a resolution under section 89 to group the school when it becomes an aided school, as to the consent required before that resolution is passed;

(d) as to the appointment and dismissal of staff for the school;

(e) as to the arrangements to be made in relation to the admission of pupils to the school; and

(f) as to functions exercisable by, or in relation to, the governing body or the governors of any category specified in the order.