School Standards and Framework Act 1998

Mainstream schools maintained by LEAs E+W

28 Proposals for establishment or alteration of community, foundation or voluntary school. E+W

(1) Where a local education authority propose—

(a) to establish a new community or foundation school, or

[F1 (aa) to establish a new maintained nursery school, or]

(b) to make any prescribed alteration to a community school, or

(c) to make any prescribed alteration to a foundation school consisting of an enlargement of the premises of the school, [F2 or

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

the authority shall publish their proposals under this section.

F3 (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Where—

(a) any persons (referred to in this Part as “promoters”) propose to establish a new foundation or voluntary school F4 ..., or

(b) the governing body of a foundation or voluntary school [F5 , or of a community school maintained by a local education authority in England,] propose to make any prescribed alteration to the school,

those persons or (as the case may be) the governing body shall publish their proposals under this section.

[F6 (2A) Subsections (1)(a) and (2)(a) do not apply to any proposal to establish a secondary school which is to be maintained by a local education authority in England.

(2B) For the purposes of subsection (2A), “secondary school” includes a middle school as respects which the relevant upper age is at least 16 years, but does not include a school which provides education suitable only to the requirements of persons above compulsory school age.]

(3) Proposals under this section shall—

(a) contain such information, and

(b) be published in such manner,

as may be prescribed.

F7 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Before publishing any proposals under this section, the relevant body or promoters shall consult such persons as appear to them to be appropriate; and in discharging their duty under this subsection the relevant body or promoters shall have regard to any guidance given from time to time by the Secretary of State.

(6) Where any proposals published under this section relate to a school or proposed school in England, the relevant body or promoters shall send—

(a) a copy of the published proposals, and

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

to the school organisation committee for the area of the local education authority who maintain the school or (in the case of a new school) who it is proposed should maintain the school.

(7) Where any proposals published under this section relate to a school or proposed school in Wales, the relevant body or promoters shall send—

(a) a copy of the published proposals, and

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

to the Secretary of State.

(8) Schedule 6 has effect (for both England and Wales) in relation to—

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

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

(9) Where any proposals published under this section—

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

(b) 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,

the provisions of subsection (6) and Schedule 6 shall have effect in relation to the proposals with such modifications as may be prescribed.

(10) In this section “the relevant body or promoters” means the local education authority, governing body or promoters mentioned in subsection (1) or (2) (as the case may be).

(11) In this Part—

(a) “alteration”, in the context of a prescribed alteration to a maintained school, means an alteration of whatever nature, including the transfer of the school to a new site but excluding any change—

(i) in the religious character of the school, or

(ii) whereby the school would acquire or lose a religious character; and

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

(12) Any regulations made for the purposes of subsection (1)(b) or (2)(b) may be framed by reference to the opinion of the local education authority.

Textual Amendments

F1 S. 28(1)(aa) inserted (1.6.2003 for E., 31.3.2004 for W.) by Education Act 2002 (c. 32), ss. 154(2), 216(4) (with ss. 210(8), 214(4)); S.I. 2003/1115, art. 3 (with art. 4); S.I. 2004/912, art. 4, Sch. Pt. 1 (with art. 6)

F2 S. 28(1)(d) and word inserted (31.3.2004 for W., 6.11.2006 for E.) by Education Act 2002 (c. 32), ss. 154(3), 216(4) (with ss. 210(8), 214(4)); S.I. 2004/912, art. 4, Sch. Pt. 1 (with art. 6); S.I. 2006/2895, art. 2

F3 S. 28(1A) repealed (1.9.2006) by Education Act 2005 (c. 18), ss. 64(2), 125(4), Sch. 19 Pt. 2; S.I. 2006/2129, art. 4 (with art. 6)

F4 Words in s. 28(2) repealed (1.9.2006) by Education Act 2005 (c. 18), ss. 64(2), 125(4), Sch. 19 Pt. 2; S.I. 2006/2129, art. 4 (with art. 6)

F5 Words in s. 28(2)(b) inserted (1.6.2003) by Education Act 2002 (c. 32), ss. 73, 216(2) (with ss. 210(8), 214(4)); S.I. 2003/1115, art. 2

F6 S. 28(2A)(2B) inserted (1.9.2006) by Education Act 2005 (c. 18), ss. 64(3), 125(4); S.I. 2006/2129, art. 4 (with art. 6)

F7 S. 28(4) repealed (1.9.2006) by Education Act 2005 (c. 18), ss. 64(4), 125(4), Sch. 19 Pt. 2; S.I. 2006/2129, art. 4 (with art. 6)

Modifications etc. (not altering text)

C1 S. 28 amended (1.4.1999) by S.I. 1999/125, art. 2(3).

C2 S. 28 extended (10.3.1999) by S.I. 1999/362, reg. 6(2)(3).

C3 S. 28 applied (with modifications) (1.9.1999) by S.I. 1999/2259, regs. 5(1), 10, Sch. 1.

S. 28 applied (with modifications) (1.9.1999) by S.I. 1999/2259, regs. 5(2), 10, Sch. 2.

S. 28 applied (with modifications) (1.9.1999) (temp.) by S.I. 1999/2633, regs. 4, 5(1), Sch. 1.

S. 28 modified (1.9.1999) by S.I. 1999/2633, reg. 5(2), Sch. 2.

C4 S. 28 modified (1.9.1999) by S.I. 1999/2633, reg. 5(2), Sch. 2.

C5 S. 28; Power to modify conferred (prosp.) by Education Act 2002 (c. 32), ss. 74(2)(a) 216 (with ss. 210(8), 214(4))

C6 S. 28: power to modify conferred (1.4.2003 for E.) by Education Act 2002 (c. 32), ss. 74(2)(a), 216(4) (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4

C7 S. 28 modified (1.6.2003 for E.) by Education Act 2002 (c. 32), ss. 74(1)(a), 216(4) (with ss. 210(8), 214(4)); S.I. 2003/1115, art. 3

C8 S. 28(3)(5)(6)(8)(10)(11) applied (with modifications) (E.) (1.9.2000) by S.I. 2000/2195, art. 4(1), Sch. 1

C9 S. 28(1)(b) excluded (temp. until 18.11.2007) (18.11.2005) by The Southwark London Borough Council (Prescribed Alteration) Order 2005 (S.I. 2005/2836), arts. 1(1), 2(a), 3

C10 S. 28(3)(7)(8)(10)(11) applied (with modifications) (W.) (1.9.2001) by S.I. 2001/2678, reg. 7, Sch. 1 Pt. I Table 3 (as amended (W.) (1.2.2006) by The Education Act 2002 (Transitional Provisions and Consequential Amendments) (Wales) Regulations 2006 (S.I. 2006/173), regs. 1(1), 12)

C11 S. 28(3) applied (with modifications) (1.9.1999) by S.I. 1999/2213, reg. 15, Sch.4.

s. 28(3): s. 28(3)(except para. (b)) applied with modifications (1.9.1999) by S.I. 1999/1671, reg. 10, Sch. 5

C12 S. 28(3) applied (with modifications) by S.I. 2000/2195, reg. 4(3), Schs. 2A, 2B (as inserted (1.8.2005) by The Education (Change of Category of Maintained Schools) (Amendment) (England) Regulations 2005 (S.I. 2005/1731), regs. 1(1), 5, 7)

C13 S. 28(5) applied (with modifications) (W.) (1.9.2001) by S.I. 2001/2678, reg. 7, Sch. 1 Pt. I Table 1

C14 S. 28(5) applied (with modifications) by S.I. 1999/2213, reg. 15, Sch.4

s. 28(5) applied with modifications (1.9.1999) by S.I. 1999/1671, reg. 10, Sch. 5

C15 S. 28(5)(6) applied (with modifications) by S.I. 2000/2195, reg. 4(3), Schs. 2A, 2B (as inserted (1.8.2005) by The Education (Change of Category of Maintained Schools) (Amendment) (England) Regulations 2005 (S.I. 2005/1731), regs. 1(1), 5, 7)

C16 S. 28(6) applied (with modifications) by S.I. 1999/2213, reg. 15, Sch.4.

S. 28(6) modified (1.9.1999) by S.I. 1999/2213, reg. 15(2)(4), Sch. 5 Pt. I para.1.

S. 28(6) modified (1.9.1999) by S.I. 1999/2213, reg. 15(2)(4), Sch. 5 Pt. I para. 2(a).

S. 28(6) modified (1.9.1999) by S.I. 1999/704, regs. 21, 22, Sch.

C17 S. 28(7) applied with modifications (1.9.1999) by S.I. 1999/1671, reg. 10, Sch. 5

C18 S. 28(8) applied (with modifications) by S.I. 2000/2195, reg. 4(3), Schs. 2A, 2B (as inserted (1.8.2005) by The Education (Change of Category of Maintained Schools) (Amendment) (England) Regulations 2005 (S.I. 2005/1731), regs. 1(1), 5, 7)

C19 S. 28(10) applied (with modifications) (1.9.1999) by S.I. 1999/2213, reg. 15, Sch.4.

s. 28(10) applied with modifications (1.9.1999) by S.I. 1999/1671, reg. 10, Sch. 5

Commencement Information

I1 S. 28 wholly in force at 1.9.1999; s. 28 not in force at Royal Assent see s. 145(3); s. 28(9) in force at 1.2.1999 by S.I. 1998/3198, art. 2(2), Sch.; s. 28(5)(10) in force at 1.4.1999 by S.I. 1999/1016, art. 2(1), Sch. 1 (with arts. 3-6, Sch. 4); S. 28 in force at 1.9.1999 in so far as not already in force by S.I. 1999/2323, art. 2(1), Sch. 1 (with arts. 3-5, Schs. 5-7).

[F8 28A Proposals for establishment of community, foundation or voluntary school maintained by English LEA E+W

(1) A local education authority in England may with the consent of the Secretary of State publish under this section their proposals to establish (otherwise than pursuant to a notice under section 66 of the Education Act 2005) a new community or foundation school.

(2) Any persons (referred to in this Part as “promoters”) may with the consent of the Secretary of State publish under this section their proposals to establish (otherwise than pursuant to a notice under section 66 of the Education Act 2005) a new foundation or voluntary school which is proposed to be maintained by a local education authority in England.

(3) Proposals under this section must be proposals for a secondary school; and for this purpose “secondary school” includes a middle school as respects which the relevant upper age is at least 16 years, but does not include a school which provides education suitable only to the requirements of persons above compulsory school age.

(4) Proposals under this section shall—

(a) contain such information, and

(b) be published in such manner,

as may be prescribed.

(5) Before publishing any proposals under this section, the relevant authority or promoters shall consult such persons as appear to them to be appropriate; and in discharging their duty under this subsection the relevant authority or promoters shall have regard to any guidance given from time to time by the Secretary of State.

(6) The relevant authority or promoters shall send—

(a) a copy of any proposals published under this section, and

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

to the school organisation committee for the area of the local education authority who it is proposed should maintain the school.

(7) Schedule 6 has effect in relation to—

(a) the procedure for dealing with proposals under this section and their implementation, and

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

(8) Where any proposals published under this section relate to a school which is proposed to be situated in an area other than that of the local education authority who it is proposed should maintain the school, the provisions of subsection (6) and Schedule 6 shall have effect in relation to the proposals with such modifications as may be prescribed.

(9) In this section “the relevant authority or promoters” means the local education authority mentioned in subsection (1) or the promoters mentioned in subsection (2) (as the case may be).]

Textual Amendments

F8 S. 28A inserted (1.8.2006 for specified purposes, 1.9.2006 in so far as not already in force) by Education Act 2005 (c. 18), ss. 65, 125(4); S.I. 2006/2129, arts. 3, 4 (with art. 6)

Modifications etc. (not altering text)

C20 S. 28A(4) applied (with modifications) (1.9.2006) by S.I. 1999/2213, reg. 15, Sch. 4 (as amended by The Education (New Secondary School Proposals) (England) Regulations 2006 (S.I. 2006/2139), regs. 1, 26(17))

C21 S. 28A(5) applied (with modifications) (1.9.2006) by S.I. 1999/2213, reg. 15, Sch. 4 (as amended by The Education (New Secondary School Proposals) (England) Regulations 2006 (S.I. 2006/2139), regs. 1, 26(17))

C22 S. 28A(6) modified (1.9.2006) by S.I. 1999/2213, reg. 15, Sch. 5 para. 2(aa) (as inserted by The Education (New Secondary School Proposals) (England) Regulations 2006 (S.I. 2006/2139), regs. 1, 26(18))

C23 S. 28A(6) applied (with modifications) (1.9.2006) by S.I. 1999/2213, reg. 15, Sch. 4 (as amended by The Education (New Secondary School Proposals) (England) Regulations 2006 (S.I. 2006/2139), regs. 1, 26(17))

C24 S. 28A(9) applied (with modifications) (1.9.2006) by S.I. 1999/2213, reg. 15, Sch. 4 (as amended by The Education (New Secondary School Proposals) (England) Regulations 2006 (S.I. 2006/2139), regs. 1, 26(17))

29 Proposals for discontinuance of community, foundation, voluntary or maintained nursery school. E+W

(1) Where a local education authority propose to discontinue—

(a) a community, foundation or voluntary school, or

(b) a maintained nursery school,

the authority shall publish their proposals under this section.

(2) Where the governing body of a foundation or voluntary school propose to discontinue the school, the governing body shall publish their proposals under this section.

(3) Proposals under this section shall—

(a) contain such information, and

(b) be published in such manner,

as may be prescribed.

[F9 (4A) The matters to which the relevant body shall have regard in formulating any proposals under this section in relation to a rural primary school include—

(a) the likely effect of the discontinuance of the school on the local community,

(b) the availability, and likely cost to the local education authority, of transport to other schools,

(c) any increase in the use of motor vehicles which is likely to result from the discontinuance of the school, and the likely effects of any such increase, and

(d) any alternatives to the discontinuance of the school;

and in considering these matters the relevant body shall have regard to any guidance given from time to time by the Secretary of State.

(4B) Before publishing any proposals under this section which relate to a rural primary school, the relevant body shall consult—

(a) the registered parents of registered pupils at the school,

(b) where the relevant body are the governing body of the school, the local education authority,

(c) in a case where the local education authority are a county council in England, any district council for the area in which the school is situated,

(d) any parish council or community council for the area in which the school is situated, and

(e) such other persons as appear to the relevant body to be appropriate.

(4C) Before publishing any other proposals under this section the relevant body shall consult such persons as appear to them to be appropriate.

(4D) In discharging their duty under subsection (4B) or (4C) the relevant body shall have regard to any guidance given from time to time by the Secretary of State.]

(5) Where any proposals published under this section relate to a school in England, the relevant body shall send—

(a) a copy of the published proposals, and

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

to the school organisation committee for the area of the local education authority who maintain the school.

(6) Where any proposals published under this section relate to a school in Wales, the relevant body shall send—

(a) a copy of the published proposals, and

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

to the Secretary of State.

(7) Schedule 6 has effect (for both England and Wales) in relation to the procedure for dealing with proposals under this section and their implementation.

(8) Where any proposals published under this section relate to a school which is situated in an area other than that of the local education authority who maintain it, the provisions of subsection (5) and Schedule 6 shall have effect in relation to the proposals with such modifications as may be prescribed.

(9) In this section “the relevant body” means the local education authority or governing body mentioned in subsection (1) or (2) (as the case may be).

[F10 (9A) In this section “rural primary school” means a primary school designated as such for the purposes of this section by an order made by the Secretary of State.]

(10) In this Part any reference to a local education authority—

(a) discontinuing a school, or

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

is to the authority ceasing to maintain the school.

Textual Amendments

F9 S. 29(4A)-(4D) substituted for s. 29(4) (1.9.2006 for E.) by Education Act 2005 (c. 18), ss. 70(2), 125(4) (with s. 119); S.I. 2006/2129, art. 5

F10 S. 29(9A) inserted (1.9.2006 for E.) by Education Act 2005 (c. 18), ss. 70(3), 125(4) (with s. 119); S.I. 2006/2129, art. 5

Modifications etc. (not altering text)

C25 S. 29(5) modified (1.9.1999) by S.I. 1999/2213, reg. 15(2)(4), Sch. 5 Pt. I para. 2(b).

C26 S. 29(5) modified (1.9.1999) by S.I. 1999/704, regs. 21, 22, Sch.

Commencement Information

I2 S. 29 wholly in force at 1.9.1999; s. 29 not in force at Royal Assent see s. 145(3); s. 29(8) in force at 1.2.1999 by S.I. 1998/3198, art. 2(2), Sch.; s. 29(4)(9) in force at 1.4.1999 by S.I. 1999/1016, art. 2(1), Sch. 1 (with arts. 3-6, Sch. 4); s. 29 in force at 1.9.1999 in so far as not already in force by S.I. 1999/2323, art. 2(1), Sch. 1 (with arts. 3-5, Schs. 5-7).

30 Notice by governing body to discontinue foundation or voluntary school. E+W

(1) Subject to the following provisions of this section, the governing body of a foundation or voluntary school may discontinue the school by serving on the Secretary of State and the local education authority at least two years’ notice of their intention to do so.

(2) If expenditure has been incurred on the school premises (otherwise than in connection with repairs)—

(a) by the Secretary of State,

(b) by the Funding Agency for Schools,

(c) by any local education authority, or

(d) by an authority which was a local education authority within the meaning of any enactment repealed by the M1 Education Act 1944 or an earlier Act,

no such notice may be served without the consent of the Secretary of State.

(3) If discontinuing the school 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, before serving a notice under this section, consult [F11 the Learning and Skills Council for England (if the school is in England) or the [F12 National Assembly for Wales] (if the school is in Wales)].

(4) If, while a notice under subsection (1) is in force in respect of a foundation or voluntary school, the governing body inform the local education authority that they are unable or unwilling to carry on the school until the notice expires, the authority—

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

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

(5) While the school is being so conducted—

(a) the authority shall keep the school premises in good repair, and

(b) 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.

(6) Despite the provisions of subsection (5) the governing body may use the premises, or any part of them, when not required for the purposes of the school to the same extent as if they had continued to carry on the school during the unexpired period of the notice.

(7) A notice served under subsection (1) may not be withdrawn without the consent of the local education authority.

(8) If a foundation or voluntary school is discontinued under this section, the duty of the local education authority to maintain the school as a foundation or voluntary school shall cease.

(9) Nothing in section 29 or 33 applies to any such discontinuance of a foundation or voluntary school.

(10) Where—

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

(b) 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,

then if the trustees (being entitled to do so) give any notice to the governing body which purports to terminate the school’s occupation of the land, any such notice shall not be effective to terminate its occupation of the land unless the requirements of subsection (11) are complied with in relation to the notice (without prejudice to any other statutory or other requirements falling to be so complied with).

(11) The requirements of this subsection are—

(a) that the period of notice must—

(i) be reasonable having regard to the length of time that would be required to discontinue the school (if the governing body chose to do so), and

(ii) in any event must not be less than two years; and

(b) 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.

(12) Where trustees give, at the same (or substantially the same) time, notices purporting to terminate a foundation or voluntary school’s occupation of two or more pieces of land held by the trustees for the purposes of the school, then for the purpose of determining whether subsection (10)(b) applies in relation to any of those pieces of land, regard may be had to the combined effect of terminating the school’s occupation of both or all of them.

(13) If a question arises as to whether the termination of a school’s occupation of any land would have the result mentioned in subsection (10)(b) (including a question as to whether subsection (12) applies in any particular circumstances), it shall be determined by the Secretary of State.

Textual Amendments

F11 Words in s. 30(3) substituted (28.7.2000 for specified purposes and otherwise 1.4.2001) by 2000 c. 21, s. 149, Sch. 9 para. 83; S.I. 2001/654, art. 2, Sch. Pt. II (with art. 3)

F12 Words in s. 30(3) substituted (1.4.2006) by The National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 39 (with art. 7)

Marginal Citations

M1 1944 c. 31.