- Latest available (Revised)
- Point in Time (15/03/2010)
- Original (As enacted)
Point in time view as at 15/03/2010.
School Standards and Framework Act 1998,
SCHEDULE 2 is up to date with all changes known to be in force on or before 15 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
Section 20.
Modifications etc. (not altering text)
C1Sch. 2 excluded (7.9.1998) (temp.) by S.I. 1998/1969, reg.18
1E+WA school which immediately before the appointed day is (within the meaning of the M1Education Act 1996)—
(a)a county school,
(b)a controlled, aided or special agreement school, or
(c)a maintained special school,
shall become on that day a school of the category to which it is allocated by the following table.
Existing school | Allocated new category |
---|---|
A county school. | Community school. |
A controlled school. | Voluntary controlled school. |
(1) An aided school. (2) A special agreement school. | Voluntary aided school. |
A maintained special school. | Community special school. |
Marginal Citations
2E+WA school which immediately before the appointed day is (within the meaning of the M2Education Act 1996)—
(a)a grant-maintained school, or
(b)a grant-maintained special school,
shall become on that day a school of the category to which it is to be allocated in accordance with the following paragraphs of this Schedule.
Marginal Citations
3E+WFor the purposes of this Schedule the indicative allocation of a school within paragraph 2 is shown in the following table.
Existing school | Indicative new category |
---|---|
(1) A grant-maintained school formerly a county or controlled school. (2) A grant-maintained school established by the Funding Agency for Schools. | Foundation school. |
(1) A grant-maintained school formerly an aided or special agreement school. (2) A grant-maintained school established by promoters (within the meaning of Part III of the Education Act 1996). | Voluntary aided school. |
A grant-maintained special school. | Foundation special school. |
Any reference in the first column to a school of a particular description is a reference to a school of that description within the meaning of the Education Act 1996.
4(1)The governing body of a school within paragraph 2 shall in the first instance take a decision (their “preliminary decision”) on the question whether—E+W
(a)to accept the school’s allocation to a particular category in accordance with its indicative allocation, or
(b)to opt for it to be allocated to a different category.
(2)Regulations may make provision as to the procedure to be followed in connection with the taking by governing bodies of their preliminary decisions under sub-paragraph (1).
(3)Regulations under sub-paragraph (2) may, in particular, make provision—
(a)as to the consultation to be carried out by governing bodies before taking their preliminary decisions;
(b)as to the time by which governing bodies are to take such decisions;
(c)as to the notification of such decisions to prescribed persons;
(d)as to the provision of prescribed information to prescribed persons;
(e)authorising governing bodies to charge a fee (not exceeding the cost of supply) for prescribed documents supplied by them in pursuance of regulations made by virtue of paragraph (d);
(f)requiring the holding of ballots of registered parents in prescribed cases;
(g)enabling the Secretary of State, in any prescribed circumstances, to declare a previous ballot void and require the holding of a fresh ballot;
(h)as to the conduct of ballots held under the regulations;
(i)specifying criteria for determining, for the purposes of the regulations and this Schedule, the result of any such ballot.
Modifications etc. (not altering text)
C2Sch. 2 paras. 4-7 excluded (7.9.1998) by S.I. 1998/1969, reg. 19(2)
5(1)Where—E+W
(a)the governing body of a school within paragraph 2 have taken their preliminary decision under sub-paragraph (1) of paragraph 4, and
(b)the result of a ballot held by virtue of that paragraph does not accord with that decision,
the governing body shall reconsider the question set out in that sub-paragraph, having regard to the result of the ballot, and shall then take a further decision on that question.
(2)Where—
(a)the governing body of a school within paragraph 2 have taken their preliminary decision under sub-paragraph (1) of paragraph 4, and
(b)either—
(i)a ballot was held by virtue of that paragraph whose result (if any) was not to disagree with that decision, or
(ii)no such ballot was required to be held,
the governing body shall take a further decision confirming their preliminary decision.
(3)Regulations may make provision as to the procedure to be followed in connection with the taking by governing bodies of their final decisions (including, in particular, provision as to the time by which governing bodies are to take such decisions).
(4)In this Schedule any reference to a governing body’s “final decision” is a reference to any such further decision as is required by sub-paragraph (1) or (2).
Modifications etc. (not altering text)
C3Sch. 2 paras. 4-7 excluded (7.9.1998) by S.I. 1998/1969, reg. 19(2)
6(1)Once the governing body of a school within paragraph 2 have taken their final decision, they shall give written notification of that decision to the Secretary of State.E+W
(2)Regulations may make provision—
(a)requiring governing bodies—
(i)when giving such notifications, to certify such matters as may be specified in the regulations, and
(ii)to provide such information to such persons as may be so specified;
(b)as to the time by which such notifications are to be given or such information is to be provided.
Modifications etc. (not altering text)
C4Sch. 2 paras. 4-7 excluded (7.9.1998) by S.I. 1998/1969, reg. 19(2)
7(1)If—E+W
(a)the final decision of the governing body of a school within paragraph 2 accorded with the school’s indicative allocation, and
(b)either—
(i)a ballot was held by virtue of paragraph 4 whose result (if any) was not to disagree with that allocation, or
(ii)no such ballot was required to be held,
the school shall be allocated to the category provided for by its indicative allocation.
(2)If in the case of a school within paragraph 2—
(a)the final decision of the governing body, or
(b)the result of a ballot held by virtue of paragraph 4,
did not accord with the school’s indicative allocation, the school shall be allocated to such category (whether or not that provided for by its indicative allocation) as the Secretary of State may determine in conformity with regulations under paragraph 8.
(3)The Secretary of State shall notify the governing body of each school within paragraph 2 of the category to which it is allocated in accordance with this paragraph.
Modifications etc. (not altering text)
C5Sch. 2 paras. 4-7 excluded (7.9.1998) by S.I. 1998/1969, reg. 19(2)
8E+WRegulations may make provision for prohibiting a school of any description specified in the regulations—
(a)from being allocated under paragraph 7 to a category so specified; or
(b)from being so allocated unless such conditions are satisfied as are so specified.
Subordinate Legislation Made
P1Power conferred by Sch. 2, para.8 exercised; 7.9.1998 appointed by S.I. 1998/1969, reg. 1
9(1)Where the category to which a school within paragraph 2 is to be allocated has not been finally determined, in accordance with the preceding paragraphs of this Schedule, by the appointed day, the school shall be taken to be allocated on that day to the category provided for by its indicative allocation.E+W
(2)Sub-paragraph (1) does not prevent such a school from being subsequently allocated to a different category in accordance with paragraph 7.
(3)Where such a school is subsequently so allocated, section 20(2)(a) shall apply to it as if it had been allocated to the category in question on the appointed day.
10(1)Regulations may make such provision as the Secretary of State considers appropriate in connection with the allocation to the new categories of maintained schools of schools—E+W
(a)to which paragraph 9(1) applies; or
(b)whose school opening date falls on or after the date of the passing of this Act; or
(c)in relation to which a duty to implement proposals to discontinue the school has arisen, or a notice to discontinue the school has been given; or
(d)in relation to which a notice has been given under section 272 of the M3Education Act 1996 (school unsuitable to continue as grant-maintained school) which contains such a statement as is mentioned in subsection (3) or (5)(b) of that section.
(2)Regulations under sub-paragraph (1) may provide that any provision of the Education Acts shall apply to any such school with such modifications as are specified in the regulations.
Subordinate Legislation Made
P2Power conferred by Sch. 2, para. 10 exercised; 7.9.1998 appointed by S.I. 1998/1969, reg. 1
Marginal Citations
11E+WThe allocation of a school to a particular category under this Schedule shall not be taken as authorising or requiring any change as from the appointed day in the character of the school conducted by its governing body (including, in particular, any religious character of the school).
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: