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 F3the change of category provisions); or

it was established as a school of that category under F4any enactment (and has not changed its category under F3the change of category provisions); or

it has become a school of that category in accordance with F3the change of category provisions.

in the case of a school in England, Schedule 8 to this Act or sections 18 to 24 of the Education and Inspections Act 2006, and

in the case of a school in Wales, Schedule 8 to this Act F6or sections 45 to 55 of, and Schedule 4 to, the School Standards and Organisation (Wales) Act 2013.

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 F2local 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 F7... F8under section 19 of the Education and Inspections Act 2006 F9or in accordance with proposals made under section 45 of the School Standards and Organisation (Wales) Act 2013;

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 F15or to the disposal of which paragraph A9 of Schedule 22 would apply, to determine how that land is to be dealt with on its dissolution;

for conferring functions on F16... 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 themF17...;

any maintained schools established in their areaF18... otherwise than by them or any other F2local 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, F20under any enactment of providing new premises for the school.

the duty of defraying all the expenses of maintaining it, except any F21expenditure that by virtue of paragraph 3 of Schedule 3 is to be met by the governing body, and

the duty, F22under any enactment of providing new premises for the school.

in relation to a school maintained (or proposed to be maintained) by a F2local authority, “the F2local 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 F2local 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 F2local authority, “the F2local 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;

“institution” has the same meaning as in the Charities Act 2011;

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

acquired its foundation, or

became a school whose instrument of government provides for the majority of governors to be foundation governors,

it is a body corporate of a prescribed description,

it is a charity (whether by virtue of section 23(3) or otherwise), and

it has as its purpose, or one of its purposes, the advancement of the education of pupils at the school or schools in respect of which it acts as the foundation.

the proportion of the charity trustees who are appointed by local authorities must not exceed 20 per cent. of the total number of charity trustees, and

the voting rights exercisable by the charity trustees who are appointed by local authorities must not exceed 20 per cent. of the total voting rights exercisable by charity trustees.

to remove any charity trustee of a school to which section 23A applies, even though the person is not disqualified by virtue of subsection (9) of that section;

to appoint a person to be a charity trustee of such a school (whether in place of a trustee removed by him under paragraph (a) or otherwise).

the admission authority (within the meaning of Chapter 1 of Part 3) of a community, foundation or voluntary school;

the proprietor of any other relevant school.

by the Secretary of State,

by the Funding Agency for Schools,

by any F2local authority, or

by an authority which was a local education authority within the meaning of any enactment repealed by the M3Education 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.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

sections 15 and 28 of the Education and Inspections Act 2006 (which relate to England).

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 F2local authority at the time when the notice is given to the governing body.

a community, foundation or voluntary school,

a community or foundation special school, F59...

a maintained nursery school F60, or

a pupil referral unit in England.

references to schools maintained by a F2local authority do not include F64pupil referral units F65in Wales;

references to the governing body of a maintained school or of a school maintained by a local authority shall be read, in relation to a pupil referral unit in England, as references to the management committee for the unit (in spite of paragraph 1 of Schedule 1 to the Education Act 1996);

references to governors shall be read, in relation to a pupil referral unit in England, as references to the members of the management committee for the unit;

references to the governing body of a maintained school or of a school maintained by a F2local authority shall accordingly be read as including the temporary governing body of a new school falling within paragraph (b).

is imposed under section 16 of the Education Act 2002 (terms on which assistance under section 14 of that Act is given) or any other enactment, and

requires that the grant be applied as part of the authority's schools budget for the funding period.

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

enabling any expenditure falling outside any classes or descriptions of expenditure prescribed by virtue of subsection (4)(a) to be deducted from the authority's schools budget if the deduction of such expenditure is authorised, on the application of the authority, by the authority's schools forum or the Secretary of State, and

enabling any limit or condition that would otherwise apply by virtue of subsection (4)(b)(i) or (ii) to be varied or excluded, on the application of the authority, by the authority's schools forum or the Secretary of State.

authorise or require F1local authorities in England to take account of matters arising after the initial determination of their schools budgets for any funding period but before the beginning of the funding period, by redetermining their schools budgets for the period in accordance with the regulations, and

require notice of any initial determination or revised determination to be given in accordance with the regulations to the governing bodies of schools maintained by the F2local authority.

authorise or require F1local authorities in Wales to take account of matters arising after the initial determination of their schools budgets for the funding period but before the beginning of the funding period, by redetermining their schools budgets for the period in accordance with the regulations, and

require notice of any initial determination or revised determination to be given in accordance with the regulations to the Assembly and to the governing bodies of schools maintained by the F2local authority.

if section 45AB is in force in relation to that funding period, a reference to the amount specified in a notice under section 45AB(1)(b), or

if regulations under section 45AC(1) are in force in relation to that funding period, a reference to such amount, determined by the authority in accordance with those regulations and specified in a notice required by those regulations to be given to the Assembly, as may be prescribed.

in a case falling within subsection (2)(a), has the same meaning as in section 45AB, and

in a case falling within subsection (2)(b), means the time in the funding period preceding the funding period to which the schools budget relates by which regulations under section 45AC(1) require notice of a revised determination of the schools budget to be given to the Assembly.

specifies the amount which the Assembly would have determined as the minimum amount of the authority's schools budget for the period under consideration if the Assembly had acted under subsection (4), and

states the Assembly's intention to determine the minimum amount of the authority's schools budget for the following funding period.

a notice under section 45B(6) has been given to a F2local 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 F1local authorities;

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

authorising or requiring such authorities to take account of matters arising after the initial determination of budget shares for a funding period but before the beginning of the funding period, by redetermining budget shares for that period in accordance with the regulations, and requiring them in that connection to disregard such matters as may be specified in the regulations;

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;

requiring notice of any initial determination or revised determination to be given in accordance with the regulations to the governing bodies of schools maintained by the authority in question;

authorising F1local authorities in prescribed cases to determine (or redetermine) budget shares, to such extent as may be prescribed, in accordance with arrangements approved by the authority's schools forum or the Secretary of State in accordance with the regulations (in place of the arrangements provided for by the regulations);

for the purpose of the discharge of the authority's duty under section 7 of the Childcare Act 2006, and

in respect of the provision of childcare.

specify factors or criteria which an authority are to take into account in determining the amount of any relevant financial assistance to be provided by them to a relevant childcare provider;

specify factors or criteria which an authority are to disregard in determining such an amount;

specify requirements as to other matters with which an authority are to comply in determining such an amount;

make provision about consultation to be carried out by an authority in connection with determining such an amount;

authorise an authority, in prescribed circumstances and to a prescribed extent, to determine such an amount in accordance with arrangements approved by the Secretary of State (instead of in accordance with arrangements provided for by the regulations);

require an authority to provide relevant childcare providers with prescribed information relating to their determination of such an amount;

make provision about the circumstances in which an authority are required to redetermine such an amount;

specify a time by which an authority's determination of such an amount is to take place.

“childcare” has the meaning given in section 18 of the Childcare Act 2006;

“relevant childcare provider” means a provider of childcare other than the governing body of a maintained school;

a reference to an authority's determination of the amount of any relevant financial assistance includes a reference to the authority's redetermination of such an amount.

to advise the relevant authority on such matters relating to the authority's schools budget as may be prescribed by regulations under section 45A(3) or by regulations under this subsection, and

to exercise any F103other function that may be imposed on the schools forum by or under this Chapter.

members representing governing bodies of schools maintained by the relevant authority, and

members representing head teachers of such schools.

other members,

a “children and young people's plan” means a plan published by a Children's Trust Board under section 17 of the Children Act 2004;

“the local Children's Trust Board”, in relation to a schools forum, is the Children's Trust Board established by arrangements made under section 10 of that Act by the relevant authority F110....

regulations made by the Secretary of State; or

any provision of this Part.

the carrying forward from one F113funding period 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 power mentioned 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.

enable the date that would otherwise apply by virtue of the regulations to be varied in accordance with the regulations, on the application of the F2local authority, by the authority's schools forum or by the Secretary of State, and

make provision about the respective powers of the schools forum and the Secretary of State in relation to any application to vary that date.

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 M4Education 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 F121expenses payable by the governing body under paragraph 3(1) or (2) of Schedule 3 F121expenditure payable by the governing body under paragraph 3(1) of Schedule 3 F122, F123... or paragraph 8 of Schedule 8 to the Education Act 2002 F124section 75(2)(b) of, or paragraph 4 of Schedule 3 to, the School Standards and Organisation (Wales) Act 2013.

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 F127period, a sum equal to the school’s budget share for the F127period, or

where the school has a delegated budget in respect of only part of that F128period, a sum equal to that portion of the school’s budget share for the F128period 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.

subject to regulations under paragraph (b) below, subsection (3)(a) has effect as if amounts spent on providing facilities or services under section 27 of the Education Act 2002 (power of governing body to provide community facilities etc) were spent for purposes of the school;

regulations may impose restrictions as to the matters on which amounts may be spent under subsection (3)(a).

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;

must consist of one or more funding periods, and

may include funding periods in respect of which (by virtue of their inclusion in one or more earlier periods prescribed for the purposes of that subsection) information relating to planned F143education expenditure has previously been required under that subsection.

the planned F143education expenditure in that F148year F148period specified in the statement prepared by the authority under subsection (1),

F143education expenditure actually incurred, or treated by the authority as having been incurred, by them in the F148year F148period, F149and

any other resources allocated by the authority in the F148year F148period to schools maintained by them during any part of the F148year F148period. F150and

accountable resources held, received or expended in the F148year F148period 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,

subsections (2) to (6) apply to a foundation or voluntary controlled school F159in England which has a religious character; and

subsection (7) applies (subject to subsection (8)) to a voluntary aided school F160in England 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.

subsections (3) to (7) apply to a foundation or voluntary controlled school in Wales that has a religious character, and

subsections (8) and (9) apply (subject to subsection (10)) to a voluntary aided school in Wales that has a religious character.

are selected for their fitness and competence to provide teaching and learning within subsection (11), and

are specifically appointed to provide that teaching and learning.

must consult the foundation governors, and

must not appoint that person unless the foundation governors are satisfied as to the person’s fitness and competence to provide teaching and learning within subsection (11).

in the case of a teacher who is an employee, require the appropriate body to dismiss the teacher from employment as a teacher appointed under subsection (3);

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

any provisions of the school’s trust deed that relate to teaching and learning in Religion, Values and Ethics, or

if there are no such provisions, the tenets of the religion or religious denomination specified in relation to the school under section 68A.

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 F170or 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 F172or (as the case may be) provide teaching and learning in Religion, Values and Ethics, 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 F176or 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.

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

a warning notice has been given in accordance with section 60(2) of the Education and Inspections Act 2006 (“the 2006 Act”) 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 any one or more of sections 63 to 66 of the 2006 Act);

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 designation of a school in an order under subsection (1), and

the statement required by subsection (2),

the order is to be treated for all purposes as being an order made under this section,

the school designated by the order is to be treated for all purposes as being designated under this section, and

any references in the order to religious education are to be treated as being references to Religion, Values and Ethics.

the F2local 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 F200in England which do not have a religious character,

foundation and voluntary controlled schools F201in England which have a religious character, and

voluntary aided schools F202in England 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 F2local 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.

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 F207section 80(1)(a) F208... 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,

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 the pupil belongs,

receives religious education unless withdrawn from receiving such education in accordance with the wishes of his parent, and

in the case of a sixth-form pupil, in accordance with the pupil’s own wishes, and

in any other case, in accordance with the wishes of the pupil’s parent.

has ceased to be of compulsory school age, and

is receiving education suitable to the requirements of pupils over compulsory school age.

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 F217section 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 F2local authority to work solely at an existing school within subsection (1)(a), or

is employed by the F2local 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 F2local 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.

a local authority;

the governing body of a maintained school;

a foundation body;

the trustees of a foundation, voluntary or foundation special school.

to a disposal in pursuance of a transfer order under paragraph A23 of that Schedule, F223...

to a disposal to which paragraph 5 or 6 of Schedule 22 (disposals on discontinuance) applies F224or

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,

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 F2local authority, and

any co-opted governor nominated by a minor authority.