community schools;

foundation schools;

community special schools; and

foundation special schools.

it became a school of that category on the appointed day in accordance with Schedule 2 (and has not changed its category under Schedule 8); or

it was established as a school of that category under F1any enactment (and has not changed its category under Schedule 8); or

it has become a school of that category in accordance with Schedule 8.

county, voluntary or maintained special schools, or

grant-maintained or grant-maintained special schools.

any school within subsection (3)(a) which was maintained by the authority immediately before that day; and

(subject to subsection (5)) any school within subsection (3)(b) which immediately before that day was situated within the authority’s area.

was, immediately before becoming such a school, maintained by a local education authority (“the former maintaining authority”) other than the one within whose area it was then situated, and

remains outside the area of the former maintaining authority immediately before the appointed day,

a nursery school which is not a special school; and

a pupil referral unit.

those having a foundation established otherwise than under this Act;

those belonging to a group of schools for which a foundation body acts under this section; and

those not falling within either of paragraphs (a) and (b).

those having a foundation established otherwise than under this Act;

those belonging to a group of schools for which a foundation body acts under this section; and

“the group”, in relation to a foundation body, means the group of three or more schools for which the body performs those functions.

the establishment, membership, functions and winding up of a foundation body, and

the steps to be taken in connection with schools joining or leaving the group.

with respect to the transfer of property, rights and liabilities to and from a foundation body when schools join or leave the group but do not change category in accordance with Schedule 8;

with respect to the revision or replacement of the instruments of government of schools joining or leaving the group in such circumstances and the reconstitution of their governing bodies;

authorising a foundation body to appoint foundation governors to every school in the group;

prescribing a model instrument of government for adoption by a foundation body subject to variations approved by the Secretary of State;

for the dissolution of a foundation body by order of the Secretary of State;

for enabling the Secretary of State, in the case of any land held by a foundation body immediately before its dissolution which by virtue of this Act could not be disposed of without his consent, to determine how that land is to be dealt with on its dissolution;

for conferring functions on school organisation committees and adjudicators including any functions which might otherwise be conferred on the Secretary of State.

any of the provisions of subsections (3) to (8); or

any provision of Schedule 21 to this Act (transfers of land on appointed day).

any maintained schools which they are required to maintain by virtue of section 20(4) or (5);

any maintained schools established by themF2...;

any maintained schools established in their areaF3... otherwise than by them or any other local education authority; and

any maintained nursery school established by them.

the duty of defraying all the expenses of maintaining it, and

the duty of making premises available to be used for the purposes of the school.

the duty of defraying all the expenses of maintaining it, and

the duty, F4under any enactment of providing new premises for the school.

the duty of defraying all the expenses of maintaining it, except any F5expenditure that by virtue of paragraph 3 of Schedule 3 is to be met by the governing body, and

the duty, F6under any enactment of providing new premises for the school.

in relation to a school maintained (or proposed to be maintained) by a local education authority, “the local education authority” means that authority; and

in relation to schools falling within subsections (3) to (6), “maintain” shall be read in accordance with those subsections.

any maintained schools which they are required to maintain by virtue of section 20(4) or (5);

any maintained schools established by them . . . ;

any maintained schools established in their area . . . otherwise than by them or any other local education authority; and

any maintained nursery school established by them.

the duty of defraying all the expenses of maintaining it, and

the duty of making premises available to be used for the purposes of the school.

the duty of defraying all the expenses of maintaining it, and

the duty, under any enactment of providing new premises for the school .

the duty of defraying all the expenses of maintaining it, except any expenses that by virtue of paragraph 3 of Schedule 3 are payable by the governing body, and

the duty, under any enactment of providing new premises for the school .

in relation to a school maintained (or proposed to be maintained) by a local education authority, “the local education authority” means that authority; and

in relation to schools falling within subsections (3) to (6), “maintain” shall be read in accordance with those subsections.

the governing body of any foundation, voluntary or foundation special school; and

any foundation body established under section 21;

is administered by or on behalf of any body to which subsection (1)(a) or (b) applies, and

is established for the general purposes of, or for any special purpose of or in connection with, that body or any school or schools falling within subsection (1)(a),

“charity” and “institution” have the same meaning as in the M6Charities Act 1993;

“premises” includes a teacher’s dwelling-house.

a member of the local education authority;

a person nominated by the Diocesan Board of Education for any diocese of the Church of England any part of which is comprised in the authority’s area; and

a person nominated by the bishop of any Roman Catholic Church diocese any part of which is comprised in the authority’s area.

a local education authority in England,

a school maintained or proposed to be maintained by such a local education authority, or

any proposals relating to such a school,

how the authority propose to exercise their functions during the prescribed period with a view to securing the provision of F8primary education, and secondary education suitable to the requirements of pupils of compulsory school age, that will meet the needs of the population of their area during that period; and

how the authority propose to exercise their powers during the prescribed period with a view to securing the provision of secondary education suitable to the requirements of pupils over compulsory school age during that period;

any facilities which the authority expect to be available outside their area for providing F10education of a kind referred to in paragraph (a) or (ab).

requiring a local education authority in England to publish a draft school organisation plan prepared by them, and enabling objections to be made to it;

authorising the matters so submitted to be also submitted, in any prescribed circumstances, to the adjudicator;

requiring the publication of the plan as approved;

requiring anything falling to be done under the regulations to be done within such period as may be specified in or determined in accordance with the regulations.

requiring a local education authority in Wales to publish a draft school organisation plan prepared by them, and to consult such bodies or persons in connection with the draft plan as may be prescribed;

requiring the publication of the plan as adopted by the authority;

requiring anything falling to be done under the regulations to be done within such period as may be specified in or determined in accordance with the regulations.

such person appointed as adjudicator under those regulations as may be determined in accordance with them, or

such persons appointed as a panel of adjudicators under those regulations as may be so determined.

for the establishment by local education authorities in Wales of school organisation committees; and

for the appointment by the Secretary of State of adjudicators, or panels of adjudicators, for Wales;

for applying in relation to Wales any provision of F14section 26, Chapter II of this Part F15, Chapter I of Part III or Schedule 7 to the Learning and Skills Act 2000 which would otherwise apply in relation to England only;

for disapplying in relation to Wales any such provision which would otherwise apply in relation to Wales only;

for any statutory provision to have effect with such modifications as appear to the Secretary of State to be appropriate.

to establish a new community or foundation school, or

to establish a new maintained nursery school, or

to make any prescribed alteration to a community school, or

to make any prescribed alteration to a foundation school consisting of an enlargement of the premises of the school, F17or

in the case of a local education authority in Wales, to make any prescribed alteration to a maintained nursery school

any persons (referred to in this Part as “promoters”) propose to establish a new foundation or voluntary school F19(otherwise than pursuant to a notice under section 70 of the Education Act 2002), or

the governing body of a foundation or voluntary schoolF20, or of a community school maintained by a local education authority in England, propose to make any prescribed alteration to the school,

contain such information, and

be published in such manner,

specify an age below 10 years and six months and an age above 12 years, and

provide that the school to which the proposals relate is to be a school providing full-time education suitable to the requirements of pupils whose ages are between the ages so specified.

a copy of the published proposals, and

such information in connection with those proposals as may be prescribed,

a copy of the published proposals, and

such information in connection with those proposals as may be prescribed,

the procedure for dealing with proposals under this section and their implementation; and

the provision of premises or other assistance in connection with their implementation.

are for the transfer of a school to a site in a different area, or

relate to a school which is, or (in the case of a new school) is proposed to be, situated in an area other than that of the local education authority who maintain, or (as the case may be) who it is proposed should maintain, the school,

“area” (without more) means a local education authority area.

a community, foundation or voluntary school, or

a maintained nursery school,

contain such information, and

be published in such manner,

a copy of the published proposals, and

such information in connection with those proposals as may be prescribed,

a copy of the published proposals, and

such information in connection with those proposals as may be prescribed,

discontinuing a school, or

implementing proposals to discontinue a school (whether published by the authority or the governing body),

by the Secretary of State,

by the Funding Agency for Schools,

by any local education authority, or

by an authority which was a local education authority within the meaning of any enactment repealed by the M7Education Act 1944 or an earlier Act,

may conduct the school for all or part of the unexpired period of the notice as if it were a community school, and

shall be entitled to use the school premises free of charge for that purpose.

the authority shall keep the school premises in good repair, and

any interest in the premises which is held for the purposes of the school shall be deemed, for all purposes relating to the condition, occupation or use of the premises, or the making of alterations to them, to be vested in the authority.

land occupied by a foundation or voluntary school is held by any trustees for the purposes of the school, and

the termination of the school’s occupation of that land would have the result that it was not reasonably practicable for the school to continue to be conducted at its existing site,

that a copy of the notice must be given to the Secretary of State and the local education authority at the time when the notice is given to the governing body.

to establish a new community or foundation special school, or

to make any prescribed alteration to such a school, or

to discontinue such a school,

to make any prescribed alteration to the school, or

to discontinue the school,

contain such information, and

be published in such manner,

a copy of the proposals, and

such information in connection with those proposals as may be prescribed,

a copy of the proposals, and

such information in connection with those proposals as may be prescribed,

the local education authority;

any other local education authority who would in his opinion be affected by the discontinuance of the school;

in the case of a foundation special school which has a foundation, the person who appoints the foundation governors; and

such other persons as the Secretary of State considers appropriate.

no maintained school shall be established or discontinued;

no prescribed alteration shall be made to any such school; F23and

no maintained nursery school shall be F24established or discontinuedF25; and

no prescribed alteration shall be made to any maintained nursery school which is maintained by a local education authority in Wales.

the body or promoters who published the proposals,

the school organisation committee, and

the adjudicator,

enabling a maintained school within one of the categories set out in section 20(1) to become a school within another of those categories, and

in certain circumstances, requiring proposals to be published for a voluntary aided school to become a school within another of those categories;

set out terms of reference for governing bodies of maintained schools;

define the respective roles and responsibilities of governing bodies and head teachers of such schools, whether generally or with respect to particular matters, including the curriculum for such schools;

confer functions on governing bodies and head teachers of such schools.

the instrument of government; and

(subject to any other statutory provision) any trust deed relating to the school.

establish procedures for dealing with all complaints relating to the school other than those falling to be dealt with in accordance with any procedures required to be established in relation to the school by virtue of any other statutory provision; and

publicise the procedures so established.

a community or voluntary controlled school, or

a community special school,

the local education authority shall determine the dates when the school terms and holidays are to begin and end; and

the governing body shall determine the times of the school sessions.

the dates and times when the school terms and holidays are to begin and end, and

the times of the school sessions.

as to the procedure to be followed where the governing body of a school within subsection (1) propose to make any change in the times of the school sessions;

as to the implementation of any such proposal;

for enabling the local education authority to determine, for any purposes of the regulations, whether any person is to be treated as a parent of a registered pupil at the school;

that for all or any prescribed purposes of the regulations references to parents are to be read as excluding those who are not individuals.

the authority shall notify the governing body of that requirement; and

the head teacher shall give the governing body a copy of any report made by him in complying with it.

all parents of registered pupils at the school;

the head teacher; and

such other persons as the governing body may invite.

the governors’ report;

the discharge by the governing body, the head teacher and the local education authority of their functions in relation to the school;

the aims and values of the school;

how the spiritual, moral, cultural, mental and physical development of pupils is to be promoted at the school;

how pupils are to be prepared for the opportunities, responsibilities and experiences of adult life and citizenship;

the standards of educational achievement of pupils; and

how the governing body are to promote the good behaviour, discipline and well-being of pupils.

the school is a community or foundation special school which is established in a hospital and the governing body are of the opinion that it would be impracticable to hold such a meeting in that year; or

the school is a maintained school other than one within paragraph (a), the governing body are of the opinion that it would be impracticable to hold such a meeting in that year, and at least 50 per cent. of the registered pupils at the school are boarders at the time when they form that opinion.

for the proceedings at an annual parents’ meeting to be under the control of the governing body;

as to the procedure to be followed at any such meeting, including provision restricting the right to vote on any question put to the meeting to parents of registered pupils at the school;

imposing requirements on the governing body, the head teacher and the local education authority in relation to resolutions which have been passed at any such meeting, including requirements framed by reference to any opinion formed by the governing body;

for enabling the governing body or (as the case may be) the local education authority to determine, for any purposes of the regulations, whether any person is to be treated as the parent of a registered pupil at the school.

as soon as is reasonably practicable after the time when the requirement for there to be an instrument of government for the school takes effect in accordance with subsection (4), and

in any event not later than the last day of the term in which the school first admits pupils.

the making and termination of arrangements for the constitution of temporary governing bodies, including such arrangements made in anticipation of proposals falling to be implemented as mentioned in subsection (1);

the constitution, meetings and proceedings of temporary governing bodies, the payment of allowances to temporary governors, and the appointment of clerks to such bodies;

the transition from a temporary governing body to a governing body constituted under an instrument of government; and

such other matters relating to temporary governing bodies as the Secretary of State considers appropriate.

modify any provision made by or under any of Schedules 9 to 12;

apply any such provision with or without modifications;

make provision corresponding or similar to any such provision.

beginning with the school opening date, and

ending with the time when the governing body are constituted for the school under an instrument of government;

section 36,

section 37(1) or (2), or

(subject to any regulations made by virtue of subsection (5)) any of Schedules 9 to 12,

a community, foundation or voluntary school,

a community or foundation special school, or

a maintained nursery school.

references to schools maintained by a local education authority do not include F30pupil referral units;

references to the governing body of a maintained school or of a school maintained by a local education authority shall accordingly be read as including the temporary governing body of a new school falling within paragraph (b).

references to schools maintained by a local education authority do not include schools which are not maintained schools as defined by section 20(7);

references to the governing body of a maintained school or of a school maintained by a local education authority shall accordingly be read as including the temporary governing body of a new school falling within paragraph (b).

prescribe classes or descriptions of expenditure which are authorised or required to be deducted from an authority’s schools budget;

determine the proposed amount of their schools budget for the following financial year, and

give notice of their determination to the Secretary of State and to the governing body of every school maintained by the authority.

the end of December in the case of an authority in England, and

the end of January in the case of an authority in Wales.

specifies the amount which the Secretary of State would have determined as the minimum amount of the authority’s schools budget for the year under consideration if he had acted under subsection (4), and

states the Secretary of State’s intention to determine the minimum amount of the authority’s schools budget for the following financial year.

a notice under section 45B(4) has been given to a local education authority and no notice of objection has been given during the period specified in subsection (1), or

an order has been made under subsection (2),

as to the time when schools’ budget shares are to be initially determined by local education authorities;

as to the treatment of new schools, including provision authorising the determination of nil amounts as the budget shares of such schools;

requiring consultation to be carried out by such authorities in relation to the factors or criteria which are to be taken into account in determining such shares and as to the time and manner of such consultation;

enabling the Secretary of State, where it appears to him to be expedient to do so, to authorise such authorities to determine (or redetermine) budget shares, to such extent as he may specify, in accordance with arrangements approved by him (in place of those provided for by the regulations).

regulations made by the Secretary of State; or

any provision of this Part.

the carrying forward from one financial year to another of surpluses and deficits arising in relation to schools’ budget shares;

amounts which may be charged against schools’ budget shares;

amounts received by schools which may be retained by their governing bodies and the purposes for which such amounts may be used;

the imposition, by or under the scheme, of conditions which must be complied with by schools in relation to the management of their delegated budgets, including conditions prescribing financial controls and procedures;

the imposition, by or under the scheme, of conditions which must be complied with by schools in relation to the exercise of the powermentioned in subsection (1), including conditions prescribing financial controls and procedures;

terms on which services and facilities are provided by the authority for schools maintained by them.

as from a date earlier than the school opening date if the local education authority so determine; or

as from a later date if the authority so determine with the written approval of the Secretary of State; or

as from such date as the Secretary of State may determine, if the authority have determined that the school should have a delegated budget as from a later date but that date is not approved by him.

section 50 (right of governing body to spend budget share where school has a delegated budget),

paragraph 4 of Schedule 15 (power of governing body to spend amounts out of budget share where delegation of budget suspended),

section 489(2) of the M9Education Act 1996 (education standards grants), and

any provisions of the scheme,

shall remain the property of the authority until spent by the governing body or the head teacher; and

when spent by the governing body or the head teacher, shall be taken to be spent by them or him as the authority’s agent.

by way of repayment of the principal of, or interest on, a loan, or

(in the case of a voluntary aided school) to meet F47expenses payable by the governing body under paragraph 3(1) or (2) of Schedule 3 F47expenditure payable by the governing body under paragraph 3(1) of Schedule 3 F48, paragraph 14(2) of Schedule 6, paragraph 3(3) of Schedule 7A to the Learning and Skills Act 2000 or paragraph 8 of Schedule 8 to the Education Act 2002.

references to a school having a delegated budget are references to the governing body of the school being entitled to manage the school’s budget share; and

where a school has a delegated budget the governing body are accordingly said to have a right to a delegated budget.

where the school has a delegated budget in respect of the whole of that year, a sum equal to the school’s budget share for the year, or

where the school has a delegated budget in respect of only part of that year, a sum equal to that portion of the school’s budget share for the year which has not been spent.

for any purposes of the school; or

(subject also to any prescribed conditions) for such purposes as may be prescribed.

facilities and services under section 27 of the Education Act 2002 (power of governing body to provide community facilities etc.),

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

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

the planned expenditure in that year specified in the statement prepared by the authority under subsection (1),

expenditure actually incurred, or treated by the authority as having been incurred, by them in the year, F52and

any other resources allocated by the authority in the year to schools maintained by them during any part of the year. F53and

accountable resources held, received or expended in the year by any person in relation to a school maintained by the authority.

be prepared in such form, and

be published in such manner and at such times,

such statement or statements prepared by the authority under section 52 above, or

such part or parts of any such statement or statements,

a copy of the statement or statements so certified, or

a copy of the part or parts so certified,

such statement or statements prepared by the authority under section 52 above, or

such part or parts of any such statement or statements,

a copy of the statement or statements so certified, or

a copy of the part or parts so certified,

Schedule 16 shall not apply; and

subsections (3) to (5) below shall apply instead.

appoint any teacher to be employed at the school or engage, or make arrangements for the engagement of, any person to provide his services as a teacher at the school, or

dismiss any teacher at the school.

as to the educational qualifications of the teachers to be employed for giving secular education; or

requiring them to dismiss any teacher at the school;

activities other than school activities (“non-school activities”) are carried on on the school premises, and

all non-school activities which are so carried on are carried on under the management or control of the school’s governing body.

partly for the purposes of school activities and partly for the purposes of non-school activities carried on on the school premises, or

solely for the purposes of non-school activities so carried on,

in relation to a community, voluntary controlled or community special school, the provisions of Schedule 16 and section 57; and

in relation to a foundation, voluntary aided or foundation special school, the provisions of Schedule 17 and section 57.

whether any payment should be made by the local education authority in respect of the dismissal, or for the purpose of securing the resignation, of any member of the staff of the school, and

the amount of any such payment.

by virtue of any contract other than one made in contemplation of the impending dismissal or resignation of the member of staff concerned, or

under any statutory provision.

shall take such steps as may be required for giving effect to any determination of the governing body under subsection (1), and

shall not make, or agree to make, a payment in relation to which that subsection applies except in accordance with such a determination.

subsections (2) to (6) apply to a foundation or voluntary controlled school which has a religious character; and

subsection (7) applies (subject to subsection (8)) to a voluntary aided school which has a religious character;

are selected for their fitness and competence to give such religious education as is required in accordance with arrangements under paragraph 3(3) of Schedule 19 (arrangements for religious education in accordance with the school’s trust deed or with the tenets of the school’s specified religion or religious denomination), and

are specifically appointed to do so.

shall consult the foundation governors, and

shall not so appoint that person unless the foundation governors are satisfied as to his fitness and competence to give such religious education as is mentioned in subsection (2)(a).

in the case of a teacher who is an employee, require the appropriate body to dismiss him from employment as a reserved teacher at the school, and

in the case of a teacher who is engaged otherwise than under a contract of employment, require the governing body to terminate his engagement.

where the school has a delegated budget, or

to religious education in accordance with an agreed syllabus.

a community school or a community or foundation special school, or

a foundation or voluntary school which does not have a religious character.

from being a teacher at the school, or

from being employed F64or engaged for the purposes of the school otherwise than as a teacher.

by reason of the fact that he does or does not give religious education, or

by reason of his religious opinions or of his attending or omitting to attend religious worship.

regard may be had, in connection with the termination of the employment F65or engagement of any teacher at the school, to any conduct on his part which is incompatible with the precepts, or with the upholding of the tenets, of the religion or religious denomination so specified.

shall make, and from time to time review, a written statement of general principles to which the head teacher is to have regard in determining any measures under subsection (4); and

the head teacher; and

parents of registered pupils at the school.

promoting, among pupils, self-discipline and proper regard for authority;

encouraging good behaviour and respect for others on the part of pupils and, in particular, preventing all forms of bullying among pupils;

securing that the standard of behaviour of pupils is acceptable; and

otherwise regulating the conduct of pupils.

act in accordance with the current statement made by the governing body under subsection (2)(a); and

have regard to any notification or guidance given to him under subsection (2)(b).

he shall make the measures generally known within the school and to parents of registered pupils at the school; and

he shall in particular, at least once in every school year, take steps to bring them to the attention of all such pupils and parents and all persons employed, or otherwise engaged to provide their services, at the school.

the governing body have been informed in writing of the authority’s opinion.

a warning notice has been given in accordance with section 15(2) referring to the safety of pupils or staff at the school being threatened by a breakdown of discipline at the school,

the governing body have failed to comply, or secure compliance, with the notice to the authority’s satisfaction within the compliance period, and

the authority have given reasonable notice in writing to the governing body that they propose to exercise their powers under subsection (1) of this section (whether or not in conjunction with exercising their powers under either or both of sections 16 and 17);

requiring, or

enabling the Secretary of State to require,

for such a requirement to be imposed by the Secretary of State in such manner, and for such period, as may be specified in or determined in accordance with the regulations;

for the Secretary of State, where he considers it appropriate to do so, to exempt the governing body of a maintained school, in relation to any school year, from a requirement imposed by virtue of subsection (1)(a) or (b).

absences which are authorised pursuant to regulations under section 434 of the Education Act 1996, or

absences which are not so authorised, or

both.

the local education authority and the governing body shall exercise their functions with a view to securing, and

the head teacher shall secure,

community schools and foundation and voluntary schools which do not have a religious character,

foundation and voluntary controlled schools which have a religious character, and

voluntary aided schools which have a religious character.

the designation of a school in an order under subsection (3), and

the inclusion in such an order, in relation to a school, of the statement required by subsection (4),

the local education authority and the governing body shall exercise their functions with a view to securing, and

the head teacher shall secure,

the arrangements which are to be made in connection with such worship, and

the nature of such worship.

from receiving religious education given in the school in accordance with the school’s basic curriculum,

from attendance at religious worship in the school, or

both from receiving such education and from such attendance,

the reference to religious education given in accordance with the school’s basic curriculum is to such education given in accordance with the provision included in the school’s basic curriculum by virtue of F76section 80(1)(a) or 101(1)(a) of the Education Act 2002, and

the reference to religious worship in the school includes religious worship which by virtue of paragraph 2(6) of Schedule 20 takes place otherwise than on the school premises.

that the parent of the pupil desires him to receive religious education of a kind which is not provided in the school during the periods of time during which he is so excused,

that the pupil cannot with reasonable convenience be sent to another community, foundation or voluntary school where religious education of the kind desired by the parent is provided, and

that arrangements have been made for him to receive religious education of that kind during school hours elsewhere,

to receive religious education in accordance with the tenets of a particular religion or religious denomination outside school hours, or

to attend worship in accordance with such tenets on Sundays or other days exclusively set apart for religious observance by the religious body to which his parent belongs,

receives religious education and attends religious worship, or

is withdrawn from receiving such education or from attendance at such worship in accordance with the wishes of his parent.

the staffing and conduct of a new school in advance of the school opening date;

the determination of matters in connection with a new school in advance of that date;

the taking of decisions by a temporary governing body, or (where power to do so is delegated to him) by the head teacher, as to expenditure in connection with a new school at a time when it does not have a delegated budget;

such other matters relating to new schools as the Secretary of State considers appropriate.

for which there is a temporary governing body constituted under F77section 44 F77section 34 of the Education Act 2002, or

a special agreement school becomes a voluntary aided school, or

a grant-maintained school becomes a community or voluntary controlled school, or

a grant-maintained special school becomes a community special school,

is employed by the local education authority to work solely at an existing school within subsection (1)(a), or

is employed by the local education authority to work at such an existing school and is designated for the purposes of this subsection by an order made by the Secretary of State, or

is employed by the governing body of an existing school within subsection (1)(b) or (c).

to any person employed as mentioned in subsection (2) whose contract of employment terminates on the day immediately preceding the appointed day; or

the local education authority, or

the governing body of an existing school within subsection (1)(b) or (c),

all the former employer’s rights, powers, duties and liabilities under or in connection with the contract of employment shall by virtue of this section be transferred to the new employer on the appointed day, and

anything done before that date by or in relation to the former employer in respect of that contract or the employee shall be deemed from that day to have been done by or in relation to the new employer.

is to form part of the school premises, and

is to be constructed partly on land held by the governing body and partly on land held on trust for the purposes of the school by persons other than the governing body,

which are, immediately before the date of the disposal, used by a maintained school for the purposes of the school, or

which are not then so used but have been so used at any time within the period of 10 years ending with that date.

to a local authority; and

which are, immediately before the date when the action is taken, used by a maintained school for the purposes of the school, or

which are not then so used but have been so used at any time within the period of 10 years ending with that date,

a county, voluntary or maintained special school, or

a grant-maintained or grant-maintained special school,

paragraph 4 or 7 of Schedule 21 or any corresponding provision of regulations under paragraph 10 of Schedule 2,

paragraph 4(2), 5(4), 6(2)(b), 7(2) or 8(2)(b) of Schedule 22, or

any regulations under paragraph 5 of Schedule 8.

it is stamped with the duty to which it would be liable but for that subsection, or

it has, in accordance with section 12 of the M18Stamp Act 1891, been stamped with a particular stamp denoting that it is not chargeable with any duty or that it has been duly stamped.

part-time education suitable to the requirements of persons of any age over compulsory school age; or

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

conferring powers or imposing duties on employers,

conferring rights on employees, or

otherwise regulating the relations between employers and employees,

such associations of local authorities,

such bodies representing the interests of governors of foundation or voluntary schools, and

such organisations representing staff in maintained schools,

a school which is or is to become a foundation, voluntary or foundation special school, or

property held on trust for the purposes of such a school,

the governing body of the school in question;

any trustees holding property on trust for the purposes of the school;

in the case of a Church of England, Church in Wales or Roman Catholic Church school, the appropriate diocesan authority; and

such other persons as he considers appropriate.

the foundation governors,

those appointed by the local education authority, and

any co-opted governor nominated by a minor authority.