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School Inspections Act 1996

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This is the original version (as it was originally enacted).

33Transfer of responsibility for conducting school to an education association

(1)The powers conferred by this section are exercisable by the Secretary of State in relation to a county school or voluntary school at any time if, at that time—

(a)there is a report of an inspection of the school in which the person who made it stated that in his opinion special measures were required to be taken in relation to the school;

(b)either that person was a member of the Inspectorate or the report stated that the Chief Inspector agreed with his opinion;

(c)the Secretary of State has received a statement prepared under section 17 or the period allowed by subsection (2) of that section for the preparation of such a statement has expired; and

(d)if any registered inspector or member of the Inspectorate has made a later report of an inspection of the school, he did not state in the report that in his opinion special measures were not required to be taken in relation to the school.

(2)Where—

(a)the powers conferred by this section are exercisable by the Secretary of State in relation to a school,

(b)he is of the opinion that the school should be conducted by an education association, and

(c)if the school is a voluntary school, he has consulted the person who appoints the school’s foundation governors and such other persons as he thinks appropriate,

he may by order provide for the school to be conducted by an education association named in the order as from such date as may be specified in the order (referred to in this Act as the “transfer date”).

(3)On making an order under this section the Secretary of State shall give notice in writing of the order to the governing body and head teacher of the school, to the local education authority and (except in the case of a school in Wales before the Schools Funding Council for Wales begin to exercise their functions) the funding authority.

(4)On the transfer date—

(a)the local education authority whose duty it was immediately before that date to maintain the school as a county or voluntary school shall cease to have that duty, and

(b)any special agreement relating to the school shall cease to have effect.

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