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School Standards and Framework Act 1998
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School Standards and Framework Act 1998, Part III is up to date with all changes known to be in force on or before 25 November 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.
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Part IIIE+W Foundation, voluntary and foundation special schools: common provisions
Default powers of Secretary of StateE+W
10(1)Where it appears to the Secretary of State that a local education authority have defaulted in the discharge of their duties relating to the maintenance of a foundation, voluntary or foundation special school, he may—E+W
(a)direct that any act done by or on behalf of the school’s governing body for the purpose of securing the proper maintenance of the school shall be taken to have been done by or on behalf of the authority, and
(b)reimburse to the governing body any sums which in his opinion they have properly expended for that purpose.
(2)The amount of any sum reimbursed under sub-paragraph (1) shall be recoverable by the Secretary of State as a debt due to him from the authority; and without prejudice to any other method of recovery the whole or any part of any such sum may be deducted from any sums payable to the authority by the Secretary of State in pursuance of any regulations relating to the payment of grants.
EndowmentsE+W
11E+WWhere any sums accruing in respect of the income of an endowment are required by virtue of the provisions of a trust deed to be applied towards the maintenance of a foundation, voluntary or foundation special school, those sums shall not be payable to the local education authority but shall be applied by the governing body of the school—
(a)(in the case of a voluntary aided school) towards the discharge of their obligations under paragraph 3, or
(b)(in the case of any school) in such manner, if any, as may be determined by a scheme for the administration of the endowment made after 1st April 1945.
Disapplication of restriction on local authority disposalsE+W
12E+WSubsection (2) of section 123 of the M1Local Government Act 1972 (local authority prohibited from making disposal of land under that section below market value without consent of the Secretary of State) shall not apply in the case of a disposal—
(a)to the governing body of a foundation, voluntary or foundation special school, or
(b)to persons proposing to establish such a school.
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